R.Selvi v. The Corporation Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 21-04-2025

CORAM

THE HONOURABLE MR JUSTICE S. M. SUBRAMANIAM AND THE HONOURABLE MR.JUSTICE K.RAJASEKAR

1. R.Selvi W/o.Late.N.Raji, No.37, Maligai Street, Brindavan Nagar, Surapet, Chennai-600 066 Petitioner(s) Vs

1. The Corporation Commissioner Greater Chennai Corporation, Ripon Building, Chennai-600 003 2.Chennai Metro Politan Development Authority Thalamuthu-Natarajan Malligai, No.1, Gandhi Main Road, Egmore, Chennai-600 008 3.The Tahsildar Madhavaram Taluk Office, Gandhi Main Road, Balaji Nagar, Madhavaram, Chennai-600 066 4.The Inspector Of Police T-1, Ambattur Police Station, Ambattur, Chennai-600 053

5.MALLIGA No.36, Maligai Street, Brindavan Nagar, Madhura Mettur, Surapet, Chennai-600 066 Respondent(s) PRAYER Directing the 1st respondent to consider the petitioner representation on 26.12.2024 to demolish the unauthorized construction and to safeguard the house of the petitioner from any damages made by the 5th respondent construction done illegally without any permission or approval from any government authorities For Petitioner(s):

Ms.V.Archana For Mr.K.Arul For Respondent(s):

Mr.Prithivi Chopda Standing Counsel GCC For R1 Mr. C.Manoharan Standing Counsel For R2 Ms.E.Ranganayaki Additional Government Pleader For R3 Mr.Babu Muthu Meeran Additional Public Prosecutor For R4 M/s.A.C.Kumaragurubaran For R5

ORDER

(Order of the Court was made by S.M.Subramaniam J.) The Writ of Mandamus has been instituted to direct the 1 st respondent to consider the petitioner's representation to demolish the unauthorized construction.

2. This Court directed the authorities of the Greater Chennai Corporation

to conduct inspection, survey and ascertain the correctness of the allegations raised by the petitioner in the Writ Petition. The Executive Engineer, Zone-III, Greater Chennai Corporation conducted an inspection and filed a status report on 21.04.2025, which reveals the following facts, "6. I respectfully submit that thereafter further action had been taken by issuing a Notice for Inspection dated 02.04.2025 to the petitioner herein as well as the 5th respondent herein respectively, informing that their buildings will be inspected on 11.04.2025 between 10:00-11:00 a.m. and directed them either to be present in person or through authorized representative with all necessary documents.

7. I respectfully submit that neither the petitioner nor the 5th respondent herein have submitted the approved plan to the Greater Chennai Corporation, hence both the buildings have been treated as unauthorized one and further action have been taken by issuing a Notice for the Removal of Unauthorized Development Carried Out Without Planning Permission dated 19.04.2025 to the petitioner herein as well as the 5th respondent herein respectively, directing them to discontinue the use of the building within 30 days from the date of receipt of the notice.

8. I respectfully submit that further action against both the buildings belonging to the petitioner herein as well as the 5th respondent will be taken as per the provisions of Tamil Nadu Town and Country Planning Act, 1971."

3. The authorities found that the building constructed both by the petitioner and the 5 th respondent are wholly unauthorised as none of them produced any building plan approval before the competent authorities.

4. At this juncture, the learned counsel for the petitioner would submit that the petitioner may be permitted to withdraw the Writ Petition.

5. Learned Standing Counsel for Corporation would submit that notice has already been issued on 19.04.2025 to the owners/occupiers. Since the enforcement action has already been initiated, the Corporation authorities are empowered to continue the same and complete the action without causing any undue delay.

6. Accordingly, the Writ Petition stands disposed of. No costs. Consequently, the connected Miscellaneous Petitions, if any, are closed. (S.M.SUBRAMANIAM J.)(K.RAJASEKAR J.) 21-04-2025 gd Index:Yes/No Speaking/Non-speaking order Internet:Yes

To 1.The Corporation Commissioner Greater Chennai Corporation, Ripon Building, Chennai-600 003 2.Chennai Metro Politan Development Authority Thalamuthu-natarajan Malligai, No.1, Gandhi Main Road, Egmore, Chennai600 008 3.The Tahsildar Madhavaram Taluk Office, Gandhi Main Road, Balaji Nagar, Madhavaram, Chennai-600 066 4.The Inspector Of Police T-1, Ambattur Police Station, Ambattur, Chennai-600 053 5.MALLIGA No.36, Maligai Street, Brindavan Nagar, Madhura Mettur, Surapet, Chennai-600 066

S.M.SUBRAMANIAM J.

AND K.RAJASEKAR J.

gd 21-04-2025