Madras High Court
S.B.Gandhi vs The Member Secretary on 7 April, 2021
Author: Senthilkumar Ramamoorthy
Bench: Sanjib Banerjee, Senthilkumar Ramamoorthy
W.P.No.4563 of 2020
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 07.04.2021
CORAM :
THE HON'BLE MR.SANJIB BANERJEE, CHIEF JUSTICE
AND
THE HON'BLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY
W.P.No.4563 of 2020
S.B.Gandhi .. Petitioner
Vs.
1.The Member Secretary,
Chennai Metropolitan Development Authority,
Egmore, Chennai.
2.The Executive Officer,
Vanagaram First Grade Panchayat,
Vanagaram, Chennai – 600 095. .. Respondents
Petition filed under Article 226 of the Constitution of India
praying for issue of Writ of Mandamus directing the respondents to
take action on petitioner's representation dated 09.09.2019 by
removing the illegal and unauthorised construction put up at Plot
No.56, 3rd street, Rajaas Garden, Vanagaram, Chennai – 600 095.
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W.P.No.4563 of 2020
For Petitioner : Mr.S.Udayakumar
For Respondents : Mr.Thiruvengadam
Standing Counsel
for respondent No.1
: Mr.D.Suriyanarayanan
for respondent No.2
ORDER
(Order of the Court was made by Senthilkumar Ramamoorthy, J.) The petitioner complains about the unauthorised construction at Plot No.56, 3rd Street, Rajaas Garden, Vanagaram, Chennai-600 095.
2. It is asserted that 3rd Street, Rajaas Garden at Vanagaram is a street with 24 foot width. Consequently, as per applicable planning rules, the height of construction cannot exceed ground plus two floors. The petitioner asserts that a construction of three floors has been erected with six flats. It is further asserted that no permission was granted for constructing a third floor, whereas the builder has constructed up to 2000 square feet without any authorization. The petitioner further asserts that a representation was sent to the __________ Page 2 of 5 W.P.No.4563 of 2020 respondents herein on September 9, 2019, but no action has been taken thereon.
3. Without going into the merits of the matter, the petitioner is permitted to submit a fresh representation to respondents 1 and 2 within a period of two weeks from the date of receipt of a copy of this order. Upon receipt thereof, the first respondent is directed to examine such representation and dispose of the same by a reasoned order after providing a reasonable opportunity to all affected parties, including the owner of the property, which is said to be in violation. Such reasoned order shall be passed within a period of eight weeks from the date of receipt of the representation from the petitioner.
4. W.P.No.4563 of 2020 is disposed of on the above terms. There will be no order as to costs.
(S.B., CJ.) (S.K.R., J.)
07.04.2021
Index : No
bbr
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W.P.No.4563 of 2020
To:
1.The Member Secretary,
Chennai Metropolitan Development Authority, Egmore, Chennai.
2.The Executive Officer, Vanagaram First Grade Panchayat, Vanagaram, Chennai – 600 095.
__________ Page 4 of 5 W.P.No.4563 of 2020 THE HON'BLE CHIEF JUSTICE AND SENTHILKUMAR RAMAMOORTHY, J.
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