Mr.Jotheeswaran v. The Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 17.03.2025

CORAM

THE HON'BLE MR. JUSTICE S. M. SUBRAMANIAM AND THE HON'BLE MR. JUSTICE K. RAJASEKAR Writ Petition No.37325 of 2024 and Writ Miscellaneous Petition No.40350 of 2024 1.Mr.Jotheeswaran 2.Mr.Ganesan 3.Mr.Hari Kumar 4.Mr.B.Jeeva 5.Mr.Emanuel Johnson Paul ... Petitioners Vs.

1.The Commissioner Greater Chennai Corporation, Ripon Building, Chennai - 600 003.

2.The Executive Engineer, Zone - VIII, Greater Chennai Corporation, Door No.36B, 2nd Cross Street, Pulla Avenue, Shenoy Nagar, Chennai - 600 030.

3.Mrs.Girijasekaran ... Respondents Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus forbearing the respondent from initiating any 1/5

coercive action pursuant to the impugned de-occupation notice dated 03.09.2024 issued under Sections 56 & 57 of the Tamil Nadu Town and Country Planning Act, 1971 and grant time till 31st March 2025 to the petitioners herein to vacate their respective flats.

For Petitioners : Mr.K.Balasubramanian, For Respondents : Mrs.Aswinin Devi.K Standing Counsel for Greater Chennai Corporation

ORDER

(Order of the Court was made by S.M.SUBRAMANIAM,J.) The writ petition has been instituted to forbear the respondents from initiating any coercive action pursuant to the impugned de-occupation notice dated 03.09.2024 issued under Sections 56 & 57 of the Tamil Nadu Town and Country Planning Act, 1971 and grant time till 31st March 2025 to the petitioners herein to vacate their respective flats.

2. The learned counsel for the petitioners after advancing arguments for a considerable length of time, during the last hearing date on 11.03.2025, made a submission finally, that the petitioners will file an affidavit of undertaking to vacate the subject premises.

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3. As per the submission, today, the petitioners have individually filed an affidavit of undertaking stating that they will vacate the subject premises by 31st March 2025 and handover possession to the competent authorities of the Chennai Corporation enabling them to demolish the unauthorized constructions.

4. In view of the affidavit of undertaking filed by all the petitioners separately, this Court is inclined to direct the petitioners to vacate the premises and handover the vacant possession to the competent authority of Greater Chennai Corporation on 1st April 2025. Thereafter, the Corporation authorities shall complete the enforcement actions forthwith.

5. With these directions, the writ petition stands disposed of. There shall be no order as to costs. Consequently, the connected miscellaneous petition stands closed.

(S.M.S., J.) (K.R.S., J.) 17.03.2025 (1/2) ssi Index: Yes Speaking Order: Yes/No 3/5

To 1.The Commissioner Greater Chennai Corporation, Ripon Building, Chennai - 600 003.

2.The Executive Engineer, Zone - VIII, Greater Chennai Corporation, Door No.36B, 2nd Cross Street, Pulla Avenue, Shenoy Nagar, Chennai - 600 030.

S. M. SUBRAMANIAM., J.

AND 4/5

K. RAJASEKAR., J.

ssi W.P.No.37325 of 2024 and W.M.P.No.40350 of 2024 17.03.2025 (1/2) 5/5