Madras High Court
Mini R.C vs The Member Secretary on 12 July, 2021
Bench: N.Kirubakaran, T.V.Thamilselvi
W.P. No. 27099 of 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 12.07.2021
CORAM :
THE HONOURABLE MR.JUSTICE N.KIRUBAKARAN
and
THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI
W.P. No. 27099 of 2019
Mini R.C. ... Petitioner
Vs.
1. The Member Secretary
Chennai Metropolitan Development Authority
Thalamuthu Nataraj Buildings
No.1, Gandhi Irwin Road, Egmore, Chennai – 8.
2. The Commissioner
Greater Chennai Corporation
1131, EVR Periyar Salai
Park Town, Rippon Buildings
Chennai – 600 003.
3. Zonal Executive Engineer (Zone XIII)
No.115, Dr. Muthulakshmi Salai, Adayar
Chennai – 600 020.
4. M/s. Kurinji Homes Private Limited
No.G6, Broun Nest Apartments
No.73, Gandhi Nagar
Second Main Road
Adayar, Chennai – 600 020.
5. K.Vinoth Kumar
6. The Secretary to the Government of Tamil Nadu
Housing and Urban Development Department
https://www.mhc.tn.gov.in/judis/
1/8
W.P. No. 27099 of 2019
Secretariat, Fort St. George,
Chennai - 600 009. … Respondents
(R6 suo motu impleaded as per the order
passed by this Court on 12.07.2021)
Prayer : Petition filed under Article 226 of the Constitution of India,
seeking for issuance of Writ of Mandamus, directing the Respondents 1 to 3
herein to take appropriate action against the Fourth Respondent for putting
up unauthorised construction at Ward No. 179-39-13 bearing Old Survey
No. 130/1 and 130/2 in Velachery Village, Velachery Taluk, 8th Main Road,
Dhandeeswaram Nagar, Velachery, Chennai – 42 without obtaining
planning permission from CMDA and consequently demolish the illegal
and unauthorised construction put up.
For Petitioner : Mr. M.Guruprasad
For Respondents : Mr. C.Johnson (For R1)
Mr. L.Chandrakumar (For R5)
Mr. C.Manishankar
Senior Counsel
Assisted by
Mrs. Kavitha Raameshwar (For R4)
Mr. R.Gopinath (For R2 & R3)
Mrs. R.Anitha (For R6)
ORDER
(Order of the Court was passed by N.KIRUBAKARAN, J) The matter was heard through 'Video Conference'.
2. The Petitioner has come before this Court seeking Writ of Mandamus, directing the Official Respondents to take appropriate action against the Private Respondents for putting up unauthorised and illegal construction at Ward No. 179-39-13, comprised in Old Survey Nos. 130/1 and 130/2 in https://www.mhc.tn.gov.in/judis/ 2/8 W.P. No. 27099 of 2019 Velachery Village, Velachery Taluk, 8th Main Road, Dhandeeswaram Nagar, Velachery, Chennai – 600 042 without obtaining planning permission from CMDA and to demolish the same.
3. According to the Petitioner, the Private Respondents had put up four storied residential complex /building and sold to various third parties, who are all occupying the same, in spite of an order of interim injunction passed by this Court in O.A. No. 1056 of 2016 in C.S. No. 882 of 2016. The Private Respondents have not obtained any planning permission with regard to the construction of four storied building /subject property. Therefore, the Petitioner made a representation dated 27.11.2018 to Official Respondents to take appropriate action against the Private Respondents and to demolish the unauthorised and illegal construction /subject property made by them.
4. Even though a letter in EC/S-II/21298/2018 dated 11.01.2019 has been sent by the First Respondent to the Second and Third Respondents Corporation requesting them to take action, based on the Petitioner's representation dated 27.11.2018, no action has been taken by the Official Respondents. Hence, the Petitioner issued a legal notice dated 25.06.2019 to the Official Respondents. However, no action has been taken by the Official https://www.mhc.tn.gov.in/judis/ 3/8 W.P. No. 27099 of 2019 Respondents, which compelled the Petitioner to approach this Court by way of this Writ Petition.
5. Heard Mr. M.Guruprasad, Learned Counsel for the Petitioner, Mr. C.Johnson, Learned Counsel appearing for the First Respondent, Mr. R.Gopinath, Learned Counsel appearing for the Second and Third Respondents, Mr. C.Manishankar, Learned Senior Counsel, assisted by Mrs. Kavitha Raameshwar, Learned Counsel appearing for the Fourth Respondent, Mr. L.Chandrakumar, Learned Counsel appearing for the Fifth Respondent, and Mrs. R.Anitha, Learned Counsel, who takes notice for the newly impleaded Sixth Respondent and perused the materials placed on record, apart from the pleadings of the parties.
6. A Counter-Affidavit has been filed by the First Respondent stating that no planning permission has been issued by the CMDA in respect of the subject property.
7. During the earlier hearing on 28.06.2021, it was represented by Mr. R.Gopinath, Learned Counsel appearing for the Second and Third Respondents that the lock and seal notices have been issued to all the https://www.mhc.tn.gov.in/judis/ 4/8 W.P. No. 27099 of 2019 occupants on 20.03.2021 stating that there is a deviation in the construction, contrary to the approved plan.
8. Further, a status report has been filed by the Third Respondent on 31.03.2021, which is placed on record and Paragraph Nos. 6 and 7 of the status report are usefully extracted hereunder:-
''6. I submit that notice in Dn-179/005/2021 dated 03.03.2020 was issued calling for approved building plan. In response to the notice one of the purchaser Mr. Kannan (the husband of Mrs. Hema) sent a letter to Assistant Engineer on 04.03.2021 stating that there are no changes made to the structure of the building after taken possession of the building.
7. I submit that after verifying the detail in the plan and on inspection, we have found deviation, immediately Lock and Seal notice dated 22.03.2021 and 24.03.2021 was issued. I further submit that after completion of notice period the deviated building appropriate action will to be taken for necessary action as per the Town and Country Planning Act 61 of 2008''.
From the above it is clear that based on the Petitioner's complaint, an inspection was conducted by the Respondents / Corporation of Chennai and found that there are certain deviations in the subject property. Subsequently, https://www.mhc.tn.gov.in/judis/ 5/8 W.P. No. 27099 of 2019 lock and seal notices dated 22.03.2021 and 24.03.2021 were issued to all flat owners.
9. Since it is represented by the Learned Counsel appearing for Private Respondents that purchasers of the subject property including Private Respondents have preferred Revision under Section 80-A of the Tamil Nadu Town and Country Planning Act, 1971 (hereinafter referred to as 'the Act' for short) before the Secretary to the Government of Tamil Nadu, Housing and Urban Development Department, Secretariat, Fort St. George, Chennai against the lock and seal notices issued by the Respondents /Corporation, this Court, suo motu, impleads the Secretary to the Government of Tamil Nadu, Housing and Urban Development Department, Secretariat, Fort St. George, Chennai as the Sixth Respondent in this Writ Petition. Mrs. R.Anitha, Learned State Government Counsel takes notice for the newly impleaded Sixth Respondent.
10. Considering the fact that Revisions filed by Private Respondents and other Purchasers are pending before the Sixth Respondent, this Court directs the Sixth Respondent to dispose of the Revisions filed under Section 80-A of the Act, after giving due notice to parties concerned and affording https://www.mhc.tn.gov.in/judis/ 6/8 W.P. No. 27099 of 2019 opportunity of hearing them, within a period of twelve weeks from the date of receipt of a copy of this order. Till such time no coercive steps shall be taken against them by the Official Respondents.
11. With the above directions, this Writ Petition is disposed of. No costs.
[N.K.K., J.] [T.V.T.S., J.]
12.07.2021
Maya
Note: Registry is directed to carry out
necessary amendment in the causetitle.
Index : Yes
Internet : Yes
Speaking order
To
1. The Member Secretary
Chennai Metropolitan Development Authority Thalamuthu Nataraj Buildings No.1, Gandhi Irwin Road, Egmore Chennai – 8.
2. The Commissioner Greater Chennai Corporation 1131, EVR Periyar Salai Park Town, Rippon Buildings Chennai – 600 003.
https://www.mhc.tn.gov.in/judis/ 7/8 W.P. No. 27099 of 2019 N.KIRUBAKARAN, J.
and T.V.THAMILSELVI, J Maya
3. Zonal Executive Engineer (Zone XIII) No.115 Dr. Muthulakshmi Salai, Adayar Chennai – 600 020.
4. The Secretary to the Government of Tamil Nadu Housing and Urban Development Department Secretariat, Fort St. George, Chennai - 600 009.
W.P. No. 27099 of 2019
Dated : 12.07.2021 https://www.mhc.tn.gov.in/judis/ 8/8