Mrs.Praveena v. The Member Secretary
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 14.03.2019
CORAM
THE HON'BLE MRS.VIJAYA K.TAHILRAMANI, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE M.DURAISWAMY W.P.No.32836 of 2018 Praveena .. Petitioner Vs.
1 The Member Secretary Chennai Metropolitan Development Authority Thalamuthu Natarasan Maligai, Egmore Chennai - 600 006.
2 The Zonal Officer Zone-VIII Corporation of Chennai No.36-B 2nd Cross Street Pulla Avenue Shenoy Nagar Chennai - 600 030.
3 The Assistant Engineer Corporation of Madras Division No.101 No.36-B 2nd Cross Street Pulla Avenue Shenoy Nagar Chennai - 600 030.
4 The Inspector of Police (L & O) K-4 Anna Nagar Police Station Chennai - 600 040.
5 Pradeep Cholayil 6 Jayadevi .. Respondents PRAYER: Petition under Article 226 of the Constitution of India for issuance of a writ of mandamus directing respondents 1 to 4 to clear all sort of illegal constructions being made by the 5th and 6th respondents in the ground floor area of the building bearing Door No.26, I-Block, 1st Avenue, Anna Nagar East, Chennai - 600 102.
For Petitioner : Mr.A.P.Surya Prakasam For Respondents : Mr.Karthik Rajan for 1st respondent Mr.R.Arunmozhi for respondents 2 and 3 Mr.V.Jayaprakash Narayanan Government Pleader (i/c.) for 4th respondent Mrs.R.Meenal for respondents 5 and 6
ORDER
(Order of the Court was made by the Hon'ble Chief Justice) Heard Mr.A.P.Surya Prakasam, learned counsel for the petitioner; Mr.Karthik Rajan, learned counsel for the first respondent; Mr.R.Arunmozhi, learned counsel for respondents 2 and 3; Mr.V.Jayaprakash Narayanan, learned Government Pleader (i/c.) for the fourth respondent and Mrs.R.Meenal, learned counsel for respondents 5 and 6.
2. The petitioner is seeking directions to respondents 1 to 4 to clear the illegal construction put up by respondents 5 and 6 in the ground floor area of the building bearing Door No.26, I-Block, 1st Avenue, Anna Nagar East, Chennai - 600 102.
3. The learned counsel for respondents 2 and 3, i.e., the Corporation of Chennai, has tendered a counter, wherein it is stated that the said building has been inspected by the Assistant Executive Engineer on 16.10.2018 and after inspecting the site, action has been initiated against respondents 5 and 6. It is stated that a Locking and Sealing notice dated 8.11.2018 under Sections 56 and 57 read with Section 85 of the Tamil Nadu Town and Country Planning Act, 1971 has been issued to the fifth respondent. In continuation to the Locking and Sealing Notice, a De-occupation Notice dated 8.12.2018 under Sections 56 and 57 read with Section 85 of the Tamil Nadu Town and Country Planning Act, 1971 was also issued to the fifth respondent. It is to be noted that the sixth respondent is the wife of the fifth respondent.
4. In the affidavit, it is further stated that against the Lock and Sealing and De-Occupation notices, the fifth respondent
has preferred an appeal under Section 80-A of the Tamil Nadu Town and Country Planning Act, 1971 and also prayed for stay.
5. Thus, it is seen that the second respondent has taken all steps which are required in relation to the unauthorized construction. Therefore, no further orders are necessary at this stage.
The writ petition is disposed of accordingly. No costs. Consequently, W.M.P.No.38041 of 2018 is closed. Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar sasi To:
1 The Member Secretary Chennai Metropolitan Development Authority Thalamuthu Natarasan Maligai, Egmore Chennai - 600 006.
2 The Zonal Officer Zone-VIII Corporation of Chennai No.36-B 2nd Cross Street Pulla Avenue Shenoy Nagar Chennai - 600 030.
3 The Assistant Engineer Corporation of Madras Division No.101 No.36-B 2nd Cross Street Pulla Avenue Shenoy Nagar Chennai - 600 030.
4 The Inspector of Police (L & O) K-4 Anna Nagar Police Station Chennai - 600 040.
+1cc to Mr.Karthik Rajan, Advocate Sr.74103 +1cc to M/S.R.Meenal, Advocate Sr.24394 +1cc to the Government Pleader Sr.24667 W.P.No.32836 of 2018 vd[co] srg 30/03/2019