R.Malathi v. The Commissioner
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 24.02.2025
CORAM
THE HON'BLE MR. JUSTICE S. M. SUBRAMANIAM AND THE HON'BLE MR. JUSTICE K. RAJASEKAR Writ Petition No.1405 of 2025 Mr.R.Malathi ... Petitioner Vs.
1. The Commissioner, Ripon Building, Chennai - 600 003.
2. The Zonal Officer, O/o. Chennai Corporation, Zone 12, Greater Chennai Corporation,
3. The Assistant Engineer, O/o.Chennai Corporation, Zone 12, Division - 164,
4. The Assistant Executive Engineer/Division, O/o. Chennai Corporation, 1/6
Zone 12, Unit 37,
5. P.Anbazhagan
6. Mrs.A.Murugaveni
7. The Principal Secretary to Government, Housing and Urban Development Department, Fort St.George, Chennai - 9.
[R7 Suo motu impleaded, vide order dated 24.02.2025 in W.P.No.1405/2025] ... Respondents Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus to direct the 2nd respondent herein to take appropriate action on the illegal constructions made by the 5th and 6th respondents in the property bearing Door No.2/23, Nehru Colony, 16th Street, Nanganallur, Palavanthangal, Chennai - 600 114 under the provisions of the Tamil Nadu Town and Country Planning Act. For Petitioner : Mr.P.K.Ganesh For R1 to R4 : Mrs.S.Vanitha Joice Rani Senior Counsel for Greater Chennai Corporation For R5 : Mr.M.H.Ramachandiran For R7 : Mr.M.Alagu Goutham, Government Advocate 2/6
ORDER
(Order of the Court was made by S.M.SUBRAMANIAM,J.) The writ of mandamus has been instituted to direct the second respondent to take appropriate action on the illegal constructions made by the respondents 5 and 6 in the property bearing Door No.2/23, Nehru Colony, 16th Street, Nanganallur, Palavanthangal, Chennai - 600 114 under the provisions of the Tamil Nadu Town and Country Planning Act.
2. Since the Principal Secretary to Government, Housing and Urban Development Department is a proper and necessary party for deciding this petition, this Court suo motu impleads the Principal Secretary to Government, Housing and Urban Development Department as a party / 7th respondent to this writ petition.
3. The respective learned counsels appearing on behalf of the writ petitioner / complainant and the respondents 5 and 6 would submit that the revision petition filed under Section 80-A of the Tamil Nadu Town and Country Planning Act is pending before the Government for consideration. 3/6
4. Thus, the parties are at liberty to adjudicate the issues before the revisional authority under Section 80-A of the Tamil Nadu Town and Country Planning Act. The Government shall consider the case on merits and by following due procedures and dispose of the matter as expeditiously as possible.
5. With this observation, the writ petition stands disposed of. The parties are at liberty to file interlocutory application seeking interim relief, if any. There shall be no order as to costs.
(S.M.S., J.) (K.R.S., J.) 24.02.2025 ssi Index: Yes Speaking Order: Yes/No Note:
Registry is directed to communicate the copy of this order to the suo motu impleaded 7th respondent viz., Principal Secretary to Government, Housing and Urban Development Department, Fort St. George, Chennai-9.
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To
1. The Commissioner, Ripon Building, Chennai - 600 003.
2. The Zonal Officer, O/o. Chennai Corporation, Zone 12, Greater Chennai Corporation,
3. The Assistant Engineer, O/o.Chennai Corporation, Zone 12, Division - 164,
4. The Assistant Executive Engineer/Division, O/o. Chennai Corporation, Zone 12, Unit 37,
5. The Principal Secretary to Government, Housing and Urban Development Department, Fort St.George, Chennai - 9.
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S. M. SUBRAMANIAM., J.
AND K. RAJASEKAR., J.
ssi 24.02.2025 6/6