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Madras High CourtWMP/42345/2024dismissed

Mr.Vinod @ Loganathan v. The Commissioner

2024-12-19Honourable Mrs Justice J. Nisha Banu,Honourable Mrs Justice N. Mala8 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19.12.2024

CORAM

THE HON'BLE MRS. JUSTICE J.NISHA BANU AND THE HON'BLE MRS. JUSTICE N.MALA WMP. NO. 42345 of 2024 in WP No 22699 of 2023 --- Vinod @ Loganathan .Petitioner/7th Respondent Vs.

1.The Commissioner Greater Chennai Corporation, Ripon Buildings, No.1131, EVR Periyar Salai, Park Town, Chennai - 600 003.

2.The Regional Deputy Commissioner North Zone, Greater Chennai Corporation No.62, Basin Power House Road Basin Bridge, Chennai - 600 001 3.The Zonal Officer Zone III Division 25 Page 1/8

4.The Executive Engineer Zone III, Division 25

5. The Assistant Executive Engineer Zone III, Division 25 6.The Assistant Engineer Zone III, Division 25

7. The Assistant Engineer The Tamil Nadu Electrcity Board, Madhavaram Division, Chennai.

8. B. Jayanthi D/o. M.C. Balan, No. 96, Rajaji Street, Madhavaram, Chennai, Tamil Nadu- 600 060

...Respondents

Prayer - Writ Miscellaneous petition filed praying to grant extension of time in WP No 22699 of 2023 vide order dated 1.11.2023 Page 2/8

For Petitioner: Mr.Thamizhanban. N. For Respondents: Mr. D B R Prabhu Standing Counsel for R1 to R6 Mr. D. Vasanth for R7 Mr. L .Jaivenkatesh for R8

ORDER

J.NISHA BANU J This WMP is filed praying to grant extension of time to comply with the order passed in WP No 22699 of 2023 vide order dated 01.11.2023.

2. In W.P.No.22699 of 2023, filed by the 8th respondent herein, this Court directed respondents 1 to 6 to take appropriate action against the petitioner herein, as he had failed to obtain the requisite planning permission under Town and Country Planning Act. This Court granted a period of three months to the petitioner to obtain patta and planning permission and further directed respondents 1 to 6 to consider the petitioner's (Petitioner herein) application, and if the same is found to be in compliance with the provisions and conditions stipulated under the Town and Country Planning Act, the authorities shall proceed in accordance with law. However, in the event the petitioner fails to take necessary steps to obtain patta and planning Page 3/8

permission for the construction put up on the subject land within the period stipulated by this Court, it shall be open to respondents 1 to 6 to initiate appropriate enforcement action, in accordance with law.

3. The Petitioner would submit that he preferred a Writ Petition before this Hon'ble court in WP No 21867 of 2024 for the issuance of patta and the same was also ordered on 23.08.2024 with the direction that he shall approach the office of the revenue authorities after completion of the computerization process as the revenue authorities are not able to issue patta due to computerization process.

4. The petitioner would submit that the petitioner herein already made application and request for extension of time before the respondents 3 to 6. however, he wasn't able to obtain Patta and therefore, he could not comply with the order of this court dated 01.11.2023. He further submits if his present residential premises is demolished, locked or sealed he will be put to hardship.

5. The standing counsel for the respondents 1 to 6 would submit that Page 4/8

the petitioner has already been afforded sufficient time to obtain the patta and planning permission. However, he has failed to comply with the provisions of the Town and Country Planning Act. The petitioner continues to rely on the same grounds repeatedly to obstruct Respondents 1 to 6 from discharging their official duties.

6. The order of this court was dated 01.11.2023 directing the petitioner herein to obtain patta and planning permission for the construction in the subject land. Again, this court granted extension of time to comply with the order on 01.07.2024.

7. It is also seen that the petitioner herein moved another W.P.No.21867 of 2024. This court by order dated 23.08.2024, while confirming the order of rejection of planning permission as there was no patta for the said land, directed the Tahsildar, Madhavaram, to consider the request of the petitioner after completion of the computerization of the Village Natham Records. However, the petitioner, presently, for the third time seeking extension of time to get planning permission citing the same reason that his application for patta is still pending. We are of the view that Page 5/8

the petitioner deserves no indulgence by this court. Accordingly, this WMP is dismissed.

(J.N.B, J.) (N.M., J.) nvsri 19.12.2024 To 1.The Commissioner Greater Chennai Corporation, Ripon Buildings, No.1131, EVR Periyar Salai, Park Town, Chennai - 600 003.

2.The Regional Deputy Commissioner North Zone, Greater Chennai Corporation No.62, Basin Power House Road Basin Bridge, Chennai - 600 001 3.The Zonal Officer Zone III Division 25 4.The Executive Engineer Zone III, Division 25

5. The Assistant Executive Engineer Page 6/8

Zone III, Division 25 6.The Assistant Engineer Zone III, Division 25

7. The Assistant Engineer The Tamil Nadu Electrcity Board, Madhavaram Division, Chennai.

Page 7/8

J. NISHA BANU, J.

and N.MALA,J.

nvsri WMP. NO. 42345 of 2024 in WP No 22699 of 2023 19.12.2024 Page 8/8