J.Indaram v. The Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 20.12.2018 CORAM :

THE HON'BLE MRS.V.K.TAHILRAMANI, CHIEF JUSTICE AND The HON'BLE MR.JUSTICE M.DURAISWAMY W.P. No.29669 of 2018 J.Indaram .. Petitioner Vs.

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

2.The Zonal Officer, Zone - XII (Alandur), Chennai - 600 016.

3.The Divisional Officer, Zone - XII (Alandur), Chennai - 600 016.

4.S.Bakthavachalam .. Respondents Petition filed under Article 226 of the Constitution of India praying for issue of Writ of mandamus directing the respondents 1 to 3 to take immediate action for demolition of unauthorized construction put up by the 4th respondent in No.43/23 B, Nehru High Road, B.V.Nagar, Nanganallur, Chennai - 600 114 within the time limit.

For Petitioner : Mr.R.Mohana Raja For Respondents: Mr.V.C.Selvasekaran, Standing Counsel (Corporation) (R1 to R3) Mr.S.Arivazhagan (R4)

O R D E R

(Order of the Court made by the Hon'ble Chief Justice) The prayer of the petitioner is that directions be issued to the respondent nos.1 to 3 to take action for demolition of unauthorized construction put up by the 4th respondent in https://hcservices.ecourts.gov.in/hcservices/

No.43/23 B, Nehru High Road, B.V.Nagar, Nanganallur, Chennai - 600 114.

2.The learned counsel for the respondents 1 to 3 has tendered an affidavit of the respondent no.2 viz., The Zonal Officer, Zone - XII (Alandur), Chennai wherein it is stated that after inspecting the site in question, action has been initiated against the construction put up by the respondent no.4, by issuing notice dated 08.12.2018 calling for the approved plan under Sections 56(1) and 57 read with Section 85 of the Tamil Nadu Town and Country Planning Act, 1971. It is also stated in the affidavit that further action will be taken against the respondent no.4 as per the provisions of Tamil Nadu Town and Country Planning Act, 1971 after the expiry of the statutory period of the above notice.

3.In view of the affidavit filed by the respondent no.2, no further order is required. Accordingly, the Writ Petition is closed. No costs.

va Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar To

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

2. The Zonal Officer, Zone - XII (Alandur), Chennai - 600 016.

3. The Divisional Officer, Zone - XII (Alandur), Chennai - 600 016.

+1cc to Mr.R.Mohanaraja, Advocate, S.R.No.89087 +1cc to Mr.S.Arivazhagan, Advocate, S.R.No.89210 W.P. No.29669 of 2018 EV(CO) KAK(22/01/2019) https://hcservices.ecourts.gov.in/hcservices/