M/S.Nawab Khairunissa Begum Sahib Endowment And Hazrath Pappu Masthan Dargah Wakf, v. The Commissioner,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 27.11.2018
CORAM
THE HON'BLE MRS.V.K.TAHILRAMANI, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE M.DURAISWAMY W.P.No.26684 of 2018 M/s.Nawab Khairunissa Begum Sahiba Endowment and Hazrath Pappu Masthan Dargah Wakf Rep. by its President/Muthavalli Dr.G.S.M.P.Khaderi, having his office at No.31, Big Street, Triplicane Chennai - 600 005.
.. Petitioner Vs 1 The Commissioner Corporation of Chennai Ripon Buildings, EVR Salai Periamet, Chennai - 3.
2 The Superintending Engineer Regional Deputy Commissioner Office (Central) Corporation of Chennai Door No.36-B, 2nd Cross Street Pulla Avenue, Shenoy Nagar Chennai - 30.
3 The Executive Engineer Zone IX, Corporation of Chennai No.1, Lake Area, 4th Cross Street Nungambakkam Chennai - 34.
4 The Area Engineer Zone IX Division No.121 Corporation of Chennai No.2, Dr.Besant Road, Chennai - 5.
5 Elevarasan 6 Maheshwari
7 The Chief Executive Officer Tamil Nadu Wakf Board No.1, Jaffer Syrang Street Vallal Seethakathi Nagar Chennai - 1.
.. Respondents PRAYER: Petition under Article 226 of the Constitution of India for issuance of a writ of Mandamus directing the respondents 1 to 4 to consider the petitioner's representation dated 28.7.2018 and to initiate action against respondents 5 and 6 for the illegal construction made by them in the property bearing Door No.36, Pappu Masthan Dargah Main Street, Dr.Natesan Road, Triplicane, Chennai - 600 005.
For Petitioner : Mr.S.Hussain Afroze For Respondents : Mr.R.Arunmozhi Standing Counsel for respondents 1 to 4 Mr.R.Sathyakumar for respondents 5 and 6
ORDER
(Order of the Court was made by the Hon'ble Chief Justice) The prayer of the petitioner in this petition is to direct respondents 1 to 4 to consider his representation dated 28.7.2018 and initiate action against respondents 5 and 6 for the illegal construction put up by them in the property bearing Door No.36, Pappu Masthan Dargah Main Street, Dr.Natesan Road, Triplicane, Chennai - 600 005.
2. The learned counsel for respondents 1 to 4 has filed a counter affidavit. Paragraphs 6 to 8 of the said counter affidavit, which are relevant, are reproduced below: "6. I respectfully submit that since the fifth respondent herein has failed to comply with the above notice the entire building has been treated as unauthorized construction. I further submit that the measurements of the building in question are as follows:-
Sl.
No.
Description As per Plan (Sq.m.) As per site (Sq.m.) Deviated/ Unauthorized (Sq.m.) Ground Floor - 49.85 sq.m.
49.85 sq.m.
First Floor - 49.85 sq.m.
49.85 sq.m.
Second Floor - 49.85 sq.m.
49.85 sq.m.
7. I respectfully submit that since the fifth respondent has failed to submit any approved plan further action has been initiated by issuing a Locking and Sealing and Demolition Notice under Section 56 and 57 read with Section 85 of the Tamil Nadu Town and Country Planning Act, 1971 dated 24.10.2018 to the fifth respondent herein which was received by the fifth respondent on 26.10.2018.
8. I respectfully submit that further action against the fifth respondent building will be taken as per the provisions of Tamil Nadu Town and Country Planning Act, 1971."
3. The learned counsel for respondents 5 and 6 has filed counter affidavit raising various defences. However, since respondents 1 to 4 have already initiated action against respondents 5 and 6, it is open to respondents 5 and 6 to raise all the defences stated in their counter affidavit while replying to the notice issued under Sections 56 and 57 read with Section 85 of the Tamil Nadu Town and Country Planning Act, 1971.
4. In view of the fact that the representation of the petitioner dated 28.7.2018 has been considered and action has also been initiated by respondents 1 to 4, nothing further survives for adjudication in this petition.
The writ petition is disposed of accordingly. No costs. Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar sasi
TO 1 The Commissioner Corporation of Chennai Ripon Buildings, EVR Salai Periamet, Chennai - 3.
2 The Superintending Engineer Regional Deputy Commissioner Office (Central) Corporation of Chennai Door No.36-B, 2nd Cross Street Pulla Avenue, Shenoy Nagar Chennai - 30.
3 The Executive Engineer Zone IX, Corporation of Chennai No.1, Lake Area, 4th Cross Street Nungambakkam Chennai - 34.
4 The Area Engineer Zone IX Division No.121 Corporation of Chennai No.2, Dr.Besant Road, Chennai - 5.
5 The Chief Executive Officer Tamil Nadu Wakf Board No.1, Jaffer Syrang Street Vallal Seethakathi Nagar Chennai - 1.
+ 1 cc to M/s. R. Aranmozhi, Advocate Sr.80829 + 1 cc to M/s. T.Velumani, Advocate Sr.81003 + 1 cc to M/s. R. Sathiyakumar, Advocate Sr.80795 W.P.No.26684 of 2018 RK(CO) EU(07/12/2018)