R.Manjula v. The Executive Engineer

THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 09.01.2025

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN AND THE HONOURABLE MR.JUSTICE C.KUMARAPPAN W.P.No. 236 of 2025 and W.M.P.No.276 of 2025 1.R.Manjula 2.B.Ravi

...Petitioners

Vs.

1.The Executive Engineer, Zone-11, Unit-34, Division No.151, Greater Chennai Corporation, Valasaravakkam, Chennai.

2.The Chennai Metropolitan Development Authority, Thalamuthu Natarajar Building, Gandhi Irwin Road, Egmore, Chennai - 600 008.

3.The Additional Secretary (Technical), Housing and Urban Development Department, Secretariat, Chennai - 600 009.

...Respondents

Prayer: Writ Petition filed under 226 of the Constitution of India for issuance of Writ of Certiorarified Mandamus, calling for the records pertaining to the impugned Letter No.14963/UD6(2)/2020-3 dated 1/4

24.10.2024 issued by the 3rd respondent to quash the same and direct the 3rd respondent to extend the regularisation benefits provided u/s. 113(C) of Tamil Nadu Town and Country Planning Act by collecting the necessary fees for the regularization as contemplated under the same. For Petitioners : Mr.V.Manohar For Respondents : Mr.Y.Bhuvanesh Kumar Standing Counsel for R2 M/s.Vanitha Joice Rani Standing Counsel for R1 Mr.R.Kumaravel Additional Government Pleader for R3

O R D E R

Admittedly, the building is in violation of sanctioned plan. The very regularization application said to have been filed under Section 113 (C) of the Tamilnadu Town and Country Planning Act has been filed after the orders of this Court, quashing the regularization scheme. Therefore, the very application is non-existent.

2. The appeal under Section 80-A filed by the petitioner has been dismissed by the State Government on the ground that the violations cannot 2/4

be condoned. Hence, we see no merit in the writ petition. This Writ Petition therefore, fails and it is accordingly, dismissed. No costs. Consequently, connected miscellaneous petition is closed. (R.S.M., J.) (C.K., J.) 09.01.2025 kkn Index: No Speaking To:

1.The Executive Engineer, Zone-11, Unit-34, Division No.151, Greater Chennai Corporation, Valasaravakkam, Chennai.

2.The Chennai Metropolitan Development Authority, Thalamuthu Natarajar Building, Gandhi Irwin Road, Egmore, Chennai - 600 008.

3.The Additional Secretary (Technical), Housing and Urban Development Department, Secretariat, Chennai - 600 009.

3/4

R.SUBRAMANIAN, J.

and C.KUMARAPPAN, J.

KKN W.P.No. 236 of 2025 and W.M.P.No. 276 of 2025 09.01.2025 4/4