J.Indhumathy v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.04.2019

CORAM

THE HON'BLE MRS.VIJAYA K.TAHILRAMANI, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE M.DURAISWAMY W.P.No.32862 of 2018 J.Indhumathy .. Petitioner Vs 1 The District Collector Chennai District Chennai.

2 The Director of Town Country Planning No.807, Anna Salai Chennai-600 002.

3 The Corporation Commissioner Rippon Building, Chennai.

4 The Zonal Officer Zone-9, Chennai Corporation Lake Area, Nungambakkam 5 The Junior Officer Ward No.118, Zone-9 Chennai Corporation 6 The Assistant Engineer Ward No.118, Zone-9 Chennai Corporation 7 Chinna Kannu @ Gubendran .. Respondents PRAYER: Petition under Article 226 of the Constitution of India for issuance of a writ of mandamus directing respondents 3 and 6 herein to consider the petitioner's representation dated 28.09.2018 and reminders on 25.10.2018 and consequently direct them to take action against the 7th respondent within a stipulated time.

For Petitioner : Mr.M.Sathishkumar For Respondents : Mr.S.Kamalesh Kannan Government Advocate for respondents 1 and 2 Mr.V.C.Selvasekaran for respondents 3 to 6 Mr.J.Arokhiaraj for 7th respondent

ORDER

(Order of the Court was made by The Hon'ble Chief Justice) Heard Mr.M.Sathishkumar, learned counsel for the petitioner; Mr.S.Kamalesh Kannan, learned Government Advocate for respondents 1 and 2; Mr.V.C.Selvasekaran, learned counsel for respondents 3 to 6 and Mr.J.Arokhiaraj, learned counsel for the 7th respondent.

2. The petitioner is seeking directions to respondents 3 and 6 to consider the petitioner's representation dated 28.9.2018 and subsequent reminder dated 25.10.2018, wherein she had prayed that action be taken against the seventh respondent in relation to the illegal construction put up by him in the land situated at No.43/49, Elango Salai, Vanniya Teynampet, Chennai - 600 018. According to the petitioner, the said construction was put up by the seventh respondent without getting any permission from the authorities.

3. The learned counsel representing respondents 3 to 6 has filed a counter affidavit, wherein it is stated that the premises was inspected on 7.9.2018 and based on the inspection, a notice calling for approved plan was issued to the seventh respondent on 7.9.2018 under Sections 56 and 57 read with Section 85 of the Tamil Nadu Town and Country Planning Act, 1971. As the seventh respondent failed to comply with the said notice calling for approved plan, a further notice of Locking and Sealing and Demolition was issued to the seventh respondent on 20.10.2018 under Sections 56 and 57 read with Section 85 of the Tamil Nadu Town and Country Planning Act, 1971, calling upon the seventh respondent to comply with the said notice within thirty days. However, even after expiry of the statutory period of thirty days as the Locking and Sealing and Demolition Notice dated 20.10.2018 was not complied with, a De-Occupation notice was issued to the seventh respondent on 17.12.2018 under Sections 56 and 57 read with Section 85 of the Tamil Nadu Town

and Country Planning Act, 1971, calling upon the seventh respondent to discontinue occupation within seven days. It is further stated in the counter affidavit that the seventh respondent has rented the other portions of the building to third parties and in order to take further action a DeOccupation notice was also issued to the occupants, other than the seventh respondent, on 8.2.2019, which was served on the occupants on 11.2.2019. It is also stated in the counter affidavit that further action will be taken against the unauthorized construction put up by the seventh respondent in accordance with law.

4. Thus, it is seen that the authorities concerned are taking action in relation to the illegal construction put up by the seventh respondent.

In such view of the matter, no further orders are required to be passed in this petition and, accordingly, the same is closed. No costs.

Sd/- Assistant Registrar //True copy// Sub Assistant Registrar sasi To:

1 The District Collector Chennai District Chennai.

2 The Director of Town Country Planning No.807, Anna Salai Chennai-600 002.

3 The Corporation Commissioner Rippon Building, Chennai.

4 The Zonal Officer Zone-9, Chennai Corporation Lake Area, Nungambakkam

5 The Junior Officer Ward No.118, Zone-9 Chennai Corporation 6 The Assistant Engineer Ward No.118, Zone-9 Chennai Corporation +1cc to Mr.M.Sathishkumar, Advocate SR.No.35517 +1cc to Government Pleader SR.No.36258 W.P.No.32862 of 2018 RSI(CO) GMY(08/05/2019)