Madras High Court
V.Bhaskaran vs The Commissioner on 19 August, 2014
Author: N.Paul Vasanthakumar
Bench: N.Paul Vasanthakumar, K.Ravichandrabaabu
IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 19.08.2014 CORAM THE HONOURABLE MR.JUSTICE N.PAUL VASANTHAKUMAR AND THE HONOURABLE MR.JUSTICE K.RAVICHANDRABAABU W.P.No.3100 of 2013 and M.P.No.1 of 2013 V.Bhaskaran ... Petitioner Vs. 1.The Commissioner, Corporation of Chennai, Rippon Buildings, Chennai 600 003. 2.The Executive Engineer, Zone VIII, Corporation of Chennai, No.117, N.S.K.Salai, Kodambakkam, Chennai 600 024. 3.Selvarajan, Executive Engineer, Zone VIII, Corporation of Chennai, No.117, N.S.K.Salai, Kodambakkam, Chennai 600 024. 4.S.Mary Albenabai ... Respondents Writ Petition is filed under Article 226 of the Constitution of India praying to issue writ of mandamus directing the respondents 1 and 2 to take immediate action to remove the illegal construction under process by the 4th respondent encroaching on the Public Road formed on Government poromboke land in T.S.No.42 of Block No.55, Koyambedu village as the access road from petitioner's land to 21st road, Jai Nagar, Arumbakkam, which was formed pursuant to the orders of this Court dated 20.4.2011 made in W.P.No.7923 of 2001 and the order dated 27.9.2010 made in W.P.No.22042 of 2010. For Petitioner : Mr.A.Arulmozhi For Respondents : Mr.A.P.Balasubramaniam for R1 to R3 Mr.R.N.Amarnath for R4 -------- ORDER
(Order of the Court was made by N.PAUL VASANTHAKUMAR,J.) Heard Mr.A.Arulmozhi, learned counsel appearing for the petitioner and Mr.A.P.Balasubramaniam, learned counsel appearing for the respondents 1 to 3 and Mr.R.N.Amarnath, learned counsel appearing for the 4th respondent.
2. This writ petition is filed praying for issuance of writ of mandamus directing the respondents 1 and 2 to take immediate action to remove the illegal construction under process by the 4th respondent encroaching on the Public Road formed on a Government poromboke land in T.S.No.42 of Block No.55, Koyambedu village, since the access road from petitioner's land to 21st Road, Jai Nagar, Arumbakkam, which was formed pursuant to the order of this Court dated 20.4.2011 made in W.P.No.7923 of 2001 and the order dated 27.9.2010 made in W.P.No.22042 of 2010.
3. The 3rd respondent has filed the counter-affidavit stating that the 4th respondent has obtained the planning permission for constructing the building in her patta land in T.S.No.31/1 in Block No.54 and constructed the building - ground floor and first floor on the patta land and deviated a small portion in the Government poromboke land in T.S.No.32 and not in T.S.No.42, as alleged by the petitioner. It is further stated that the Corporation has taken action against the 4th respondent and issued notice on 19.12.2012 for the said deviation. Subsequently, lock and seal notice dated 11.2.2013 was also issued and the building was locked and sealed on 18.4.2013. The said building is in the end of 21st street in Block No.54 and there is no link road laid by the Corporation in T.S.No.32 in Block No.55. The 3rd respondent has gone through all the records and the plan approval was given to the 4th respondent to construct the building in her patta land following the procedures.
4. The learned counsel appearing for the 4th respondent has submitted that the revised plan approval was also granted on 20.12.2013 to the 4th respondent and the 4th respondent is willing to remove the deviated portion in the poromboke land and the said stand is taken by the 4th respondent in the counter-affidavit in paragraph 4, which reads as follows:-
4. I humbly submit that because of the complaint given by the petitioner, the Corporation has taken action and notices were issued and the building was sealed on 18.4.2013. Now the revised plan for construction is approved and I under take to remove the deviated portions as per the approved plan. I submit that for removing the deviated portion and to bring the building as per the revised plan it is necessary to deseal the building. If the interim stay order granted in this case is not vacated, I may not be in a position to comply in terms of revised plan and I will be put to irreparable loss and great hardship.
5. The learned counsel appearing for the Chennai Corporation submits that 4th respondent is willing to remove the deviated portion and bring the building as per the revised plan and reasonable time may be given to the 4th respondent to do the same and the Chennai Corporation is ready to remove the seal for a period of eight weeks, enabling the 4th respondent to remove the deviations, as per the revised plan. The said submission of the learned counsel for the 4th respondent as well as the respondents 1 to 3 are recorded.
6. In such circumstances, the writ petition is disposed of with a direction to the 2nd respondent to remove the lock and seal of the building for a period of eight weeks from the date of the receipt of a copy of this order, enabling the 4th respondent to remove the deviations pointed out and bring the building as per the approved revised plan. It is made clear that if within the period of eight weeks, the 4th respondent is not bringing the said building as per the approved revised plan by removing the deviated portion, it is open to the 2nd respondent to again lock and seal of the building, after proper inspection. No costs. Consequently, M.P.No.1 of 2013 is closed.
(N.P.V.,J.) (K.R.C.B.,J.)
19.08.2014
Index : Yes/No
Internet : Yes/No
bbr
To
1. The Commissioner,
Corporation of Chennai,
Rippon Buildings, Chennai 600 003.
2. The Executive Engineer,
Zone VIII, Corporation of Chennai,
No.117, N.S.K.Salai,
Kodambakkam, Chennai 600 024.
3. Selvarajan,
Executive Engineer,
Zone VIII, Corporation of Chennai,
No.117, N.S.K.Salai,
Kodambakkam, Chennai 600 024.
N.PAUL VASANTHAKUMAR,J
AND
K.RAVICHANDRABAABU,J
bbr
W.P.No.3100 of 2013
19.08.2014