Madras High Court
J.Ganesan vs The Thasildar on 19 August, 2019
Bench: Vijaya K.Tahilramani, M.Duraiswamy
W.P.No.4152 of 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 19.08.2019
CORAM
THE HON'BLE MRS.VIJAYA K.TAHILRAMANI, CHIEF JUSTICE
AND
THE HON'BLE MR.JUSTICE M.DURAISWAMY
W.P.No.4152 of 2019
J.Ganesan .. Petitioner
Vs
1 The Thasildar
Egmore-Nungambakkam Taluk
Chennai - 600 031.
2 The Zonal Officer
Zone-X, Corporation of Greater Chennai
No.64, NSK Salai
Kodambakkam
Chennai - 600 024.
3 G.N.Raj
4 G.N.Durai
5 The Executive Officer
Arulmighu Baradwajeeswarar Temple
Kodambakkam, having office at
Arulmighu Vadapalani Andavar Temple
Vadapalani, Chennai-026. .. Respondents
(Respondents 4 and 5 impleaded
vide order dated 22.4.2019 made
in WMP.No.9911/2019)
PRAYER: Petition under Article 226 of the Constitution of India seeking issuance of
a writ of mandamus directing the second respondent to pass orders on the
representation/complaint by the petitioner dated 30.10.2018 against the illegal
construction put up by the 3rd Respondent at Door No.14, Sivan Koil Cross Street,
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W.P.No.4152 of 2019
Kodambakkam, Chennai – 600024.
For Petitioner : Mr.S.Baskaran
For Respondents : Mr.S.Kamalesh Kannan
Government Advocate
for 1st respondent
Mr.V.C.Selvasekaran
for 2nd respondent
Mr.V.Manisekaran
for respondents 3 and 4
No appearance
for 5th respondent
ORDER
(Order of the Court was made by the Hon'ble Chief Justice) Heard Mr.S.Baskaran, learned counsel for the petitioner; Mr.S.Kamalesh Kannan, learned counsel for the first respondent; Mr.V.C.Selvasekaran, learned counsel for the second respondent and Mr.V.Manisekaran, learned counsel for respondents 3 and 4.
2. The petitioner is seeking directions to the second respondent, i.e., the Zonal Officer, Zone-X, Corporation of Greater Chennai, to pass orders on the representation/complaint made by petitioner on 30.10.2018 against the illegal construction put up by the third respondent at Door No.14, Sivan Koil Cross Street, Kodambakkam, Chennai – 600024. _________ Page 2 of 5 http://www.judis.nic.in W.P.No.4152 of 2019
3. The learned counsel for the Corporation stated that the site in question was inspected on 1.3.2019 in the presence of the officials of the Greater Chennai Corporation, the daughter of the petitioner as well as the third respondent. After survey, it was ascertained that there was unauthorized construction on the said site. Hence, the Corporation has taken action by issuing a notice dated 18.3.2019 to the third respondent calling for approved plan under Sections 56 and 57 read with Section 85 of the Tamil Nadu Town and Country Planning Act, 1971. The learned counsel for the Corporation stated that thereafter they have issued a Locking and Sealing and Demolition notice dated 10.6.2019 to the third respondent.
4. Thus, it is seen that the Corporation is taking action in relation to the unauthorized construction.
In view of the above, no further orders are necessary at this stage. The writ petition is disposed of accordingly. No costs.
(V.K.T., CJ.) (M.D., J.)
19.08.2019
Index : No
sasi
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W.P.No.4152 of 2019
To:
1 The Thasildar
Egmore-Nungambakkam Taluk
Chennai - 600 031.
2 The Zonal Officer
Zone-X, Corporation of Greater Chennai No.64, NSK Salai Kodambakkam Chennai - 600 024.
3 The Executive Officer Arulmighu Baradwajeeswarar Temple Kodambakkam, having office at Arulmighu Vadapalani Andavar Temple Vadapalani, Chennai-026.
_________ Page 4 of 5 http://www.judis.nic.in W.P.No.4152 of 2019 THE HON'BLE CHIEF JUSTICE AND M.DURAISWAMY,J.
(sasi) W.P.No.4152 of 2019 19.08.2019 _________ Page 5 of 5 http://www.judis.nic.in