Madras High Court
S.C.Agarwal vs The Commissioner on 23 July, 2019
Bench: Vijaya K.Tahilramani, M.Duraiswamy
W.P.No.4755 of 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 23.07.2019
CORAM
THE HON'BLE MRS.VIJAYA K.TAHILRAMANI, CHIEF JUSTICE
AND
THE HON'BLE MR.JUSTICE M.DURAISWAMY
W.P.No.4755 of 2019
S.C.Agarwal .. Petitioner
Vs
1 The Commissioner
Greater Chennai Corporation
Rippon Building
Chennai – 600 003.
2 The Chairman
Standing Committee-Town Planning
Greater Chennai Corporation
Rippon Building
Chennai – 600 003.
3 S.Narayanan .. Respondents
PRAYER: Petition under Article 226 of the Constitution of India seeking
issuance of a writ of mandamus directing respondents 1 to 2 to
dispose of the statutory appeal dated 1.7.2008 filed by the 3rd
respondent before the 2nd respondent and consequently direct the first
respondent to demolish and remove the illegal and unauthorised
construction put up by the 3rd respondent in the common areas in the
plot bearing Block No.P comprising flat Nos.P-60 to 63, Old Door
Nos.L225 to 228 and New Nos.44, 46, 48 and 50, 21st Street, Anna
Nagar East, Chennai - 102 within a stipulated time.
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W.P.No.4755 of 2019
(2)
For Petitioner : Mr.S.Thanka Sivan
For Respondents : Mr.V.C.Selvasekaran
for respondents 1 and 2
Mr.Sevugan
for M/s.Rank Associates
for 3rd respondent
ORDER
(Order of the Court was made by the Hon'ble Chief Justice) Heard Mr.S.Thanka Sivan, learned counsel for the petitioner; Mr.V.C.Selvasekaran, learned counsel for respondents 1 and 2, and Mr.Sevugan, learned counsel for the third respondent.
2. The case of the petitioner is that there is unauthorized construction put up by the third respondent in the common area in plot bearing Block No.P, comprising Flat Nos.P-60 to 63, Old Door Nos.L225 to 228 and New Nos.44, 46, 48 and 50, 21st Street, Anna Nagar East, Chennai – 600 102. The said unauthorized construction, according to the petitioner, consists of ground floor and first floor. The first floor is occupied by tenants and the Corporation had issued De- occupation notice dated 13.3.2019 to the occupants of the first floor. Being aggrieved by the said notice, the occupants of the first floor preferred an appeal. The prayer of the petitioner is that the second http://www.judis.nic.in W.P.No.4755 of 2019 (3) respondent be directed to dispose of the appeal preferred by the third respondent as expeditiously as possible.
3. In view of the fact that the appeal filed by the third respondent is pending, we direct the competent authority to dispose of the appeal as expeditiously as possible.
4. It is the case of the Corporation that as far as the ground floor of the building is concerned, there is violation of the planning permission and hence, they have locked and sealed the ground floor of the building today. The photographs showing that the ground floor of the premises has been locked and sealed have been produced before this Court and the same are taken on record.
In view of the above, no further directions are necessary. The writ petition is disposed of accordingly. No costs.
(V.K.T., CJ.) (M.D., J.)
23.07.2019
Index : No
sasi
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W.P.No.4755 of 2019
(4)
To:
1 The Commissioner
Greater Chennai Corporation
Rippon Building
Chennai – 600 003.
2 The Chairman
Standing Committee-Town Planning Greater Chennai Corporation Rippon Building Chennai – 600 003.
http://www.judis.nic.in W.P.No.4755 of 2019 (5) THE HON'BLE CHIEF JUSTICE AND M.DURAISWAMY,J.
(sasi) W.P.No.4755 of 2019 23.07.2019 http://www.judis.nic.in