P.Saravanan 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.30016 of 2018 and W.M.P.No.35033 of 2018 P.Saravanan .. Petitioner Vs.

1.The Commissioner, Corporation of Chennai, Rippon Buildings, Egmore, Chennai - 600 008.

2.M/s.Karan Constructions, No.6, Nanjunda Rao Salai, Injambakkam, Chennai.

.. Respondents Petition filed under Article 226 of the Constitution of India praying for issue of Writ of mandamus directing the 1st respondent to forthwith consider the representation dated 12.10.2018 of the petitioner herein and forthwith stop construction being put up at Door No.6, Dr.Nanjunda Rao Salai, Injambakkam, Chennai by the 2nd respondent.

For Petitioner : Ms.AL.Ganthimathi For Respondents : Mr.V.C.Selvasekaran, Standing Counsel (Corporation) (R1) Mrs.P.Bagyalakshmi (R2)

O R D E R

(Order of the Court made by the Hon'ble Chief Justice) The petitioner is praying that a direction be issued to the 1st respondent viz., The Commissioner, Corporation of Chennai, to forthwith consider the representation dated 12.10.2018 of the petitioner in relation to the construction being put up by the 2nd respondent at Door No.6, Dr.Nanjunda Rao Salai, Injambakkam, Chennai.

2.The learned counsel appearing for the respondent no.1 has filed an affidavit wherein it is stated that after inspecting the site in question, action has been initiated by issuing Stop Work Notice dated 27.11.2018 to the respondent no.2 calling for https://hcservices.ecourts.gov.in/hcservices/

approved plan under Sections 56(1) and 57 read with Section 85 of the Tamil Nadu Town and Country Planning Act, 1971. On finding that there were deviations in the construction, further action against the respondent no.2 has been taken by the respondent no.1 by issuing Lock and Seal and Demolition Notice dated 30.11.2018 under Section 57 read with Section 85 of the Tamil Nadu Town and Country Planning Act.

3.The learned counsel appearing for the respondent no.2 admits that they have received the Lock and Seal and Demolition Notice dated 30.11.2018 and they have also preferred an appeal in relation to the same.

4.In view of the fact that the respondent no.1 has taken steps in relation to the unauthorized construction, no further order is necessary. Accordingly, the Writ Petition is closed. No costs. Consequently, the connected miscellaneous petition is closed.

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

1. The Commissioner, Corporation of Chennai, Rippon Buildings, Egmore, Chennai - 600 008 +1cc to Mr.AL.Ganthimathi, Advocate, S.R.No.89202 W.P. No.30016 of 2018 and W.M.P.No.35033 of 2018 SSI(CO) rrs 25/01/2019 https://hcservices.ecourts.gov.in/hcservices/