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Madras High CourtWP/27882/2004disposed of

E.Sathiyamoorthy & Babu v. The Chairman

2017-07-18Honourable Mr Justice S. Vaidyanathan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18.07.2017

CORAM:

The Hon'ble Mr. Justice S.VAIDYANATHAN Writ Petition No.27882 of 2004 E.Sathiyamoorthy .. Petitioner vs.

1.The Chairman, Chennai Metropolitan Development Authority,Egmore,Chennai 8.

2.The Commissioner, Corporation of Chennai, Riban Building, Chennai -3.

3.The Junior Engineer (Buildings), Corporation of Chennai, Division No.100, No.1, Narasinga Perumal Koil Street, Choolai,Chennai 112.

4.The Commissioner of Police,Chennai 8.

5.The Inspector of Police, Law and Order,P1, Puliyanthope Police Station, Chennai 112.

6.D.Gnanaprakasam .. Respondents Writ petition filed under Article 226 of the Constitution of India, praying this Court for issuance of Writ of Mandamus forbearing the respondents 1 to 3 from allowing 6th respondent and his men or any third party on behalf of 6th respondent to construct building in Old. No.97, New No.48, Astapujam Road, Choolai, Chennai 112.

For Petitioner ... Mr.C.Prakasam For Respondents ... Mr.K.Raja Shrinivas for R.1 Mr.P.V.Selva Kumar for R.2 and R.3 Mr.K.V.Dhanapalan, Spl.G.P for R.4 and R.5

O R D E R

Writ petition has been filed for issuance of Writ of Mandamus forbearing the respondents 1 to 3 from allowing 6th respondent and his men or any third party on behalf of 6th respondent to construct building in Old. No.97, New No.48, Astapujam Road, Choolai, Chennai 112.

2. There is no representation for the petitioner. Heard Mr.K.Raja Shrinivas, learned counsel for the first respondent, Mr.P.V.Selvakumar, learned counsel for respondents 2 and 3 and Mr.K.V.Dhanapalan, learned Special Government pleader for respondents 4 and 5.

3.The learned counsel appearing for the sixth respondent has submitted that for violation of plan permit, the staircase of the building has been demolished being unauthorised portion and one hall and one bed room have been put up in the first floor and the said portion is not being used at all. 4.On a perusal of the records, it is clear that there is a violation in construction by the sixth respondent. Therefore, the first respondent is hereby directed to demolish all the unauthorised portions at Old No.97, New No.48, Astapujam Road, Choolai, Chennai 600 112 within a period of thirty days from the date of receipt of a copy of this order, failing which, departmental action against the concerned officials of the CMDA should be initiated and major punishment should be effected and the same shall be recorded in the service records so that, that will stop their further avenue of promotions and the withdrawal of pensionary benefits.

With the above said direction, this writ petition is disposed of. No costs.

18.07.2017 This Petition having been listed today under the caption "for Being Mentioned" pursuant to the order of this court dated 18.07.2017 and made herein and in the presence of Mr.T.E.Badrinath for Mr.C.Prakasam and Mr.K.Rajasrinivasan Advocate for Respondents 2 & 3 and Mr.S.Diwakar, Spl Government Pleader on behalf of Respondents 4 & 5 the Court made the following Order:

This Writ Petition is listed under the caption "for being mentioned" today at the instance of the learned counsel for the CMDA.

2. Paragraph 4 of the order dated 18.07.2017 passed in this Writ Petition, shall stand deleted and the same shall be replaced as below:

"4. On a perusal of the records, it is clear that there is a violation in construction by the sixth respondent. Therefore, the second respondentCorporation of Chennai is hereby directed to ensure that no unauthorised construction is made in Old No.97, New No.48, Astapujam Road, Choolai, Chennai-600 112 and if there is any occupant in the illegal construction, he shall be evicted forthwith and the unauthorised portion shall be demolished, within a period of thirty days from the date of receipt of a copy of this order, failing which, departmental action shall be initiated against the concerned officials of the Corporation of Chennai and major punishment should be effected and the same shall be recorded in the service records of those officials so that, that will stop their future avenue of promotions and the withdrawal of pensionary benefits.

With the above said direction, this Writ Petition is disposed of. No costs."

3. The time limit of thirty days specified now in the above said paragraph 4 shall run from the date of receipt of a copy of this order passed today.

4. In other respects, the earlier order dated 18.07.2017 passed in this Writ Petition, shall remain unaltered. Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar

To 1.The Chairman, Chennai Metropolitan Development Authority, Egmore, Chennai 6.

2.The Commissioner, Corporation of Chennai, Riban Building, Chennai -3.

3.The Junior Engineer (Buildings), Corporation of Chennai, Division No.100, No.1, Narasinga Perumal Koil Street, Choolai, Chennai 12.

4.The Commissioner of Police, Chennai 8.

5.The Inspector of Police, Law and Order, P1, Puliyanthope Police Station, Chennai 12.

+1cc to Mr.K.rajashrinivas, Advocate, S.R.No.50329 +1cc to Mr.V.SelvaKumar, Advocate, S.R.No.50012 +1 cc to Mr.C.Prakasam Advocate sr 85193 W.P.No.27882 of 2004 GN(08/09/2017) aa15/12/2017