Madras High Court
Seema Kapoor vs Tamilnadu Fire And Rescue Services on 5 September, 2023
Author: J.Nisha Banu
Bench: J.Nisha Banu
W.P.No.22632 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 05.09.2023
CORAM
THE HONOURABLE Mrs. JUSTICE J.NISHA BANU
AND
THE HONOURABLE Mr.V.LAKSHMINARAYANAN
W.P.No.22632 of 2022
Seema Kapoor ..Petitioner
Vs
1. Tamilnadu Fire and Rescue Services,
No.17, Rukmani Lakshmapathy Road,
Egmore,
Chennai - 600 008.
2. Principal secretary/ Commissioner,
Greater Chennai Corporation,
Ripon building,
Chennai - 600 003.
3. Princial Secretary,
Chennai Metropolitan development Authority,
Thalamuthu-Natarajan Maaligai,
No.1, Gandhi Irwin Road,
Egmore,
Chennai - 600 008.
4. Inspector of Police,
F3, Numngambakkam Police Station,
Valluvar Kottam High Road,
Ponnangipuram,
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W.P.No.22632 of 2022
Nungambakkam,
Chennai - 600 006.
5. District Collector,
Chennai City,
No.62, 4th Floor,
Rajaji Salai, George Town,
Chennai - 600 001.
6. Thasildar,
Nungambakkam,
No.88, Mayor Rmanathan Salai,
(Near Palimer hotel)
Chennai 0 600 031.
7. Mr.Kuthpudi,
S/o unknown,
Old No.10, New No.30,
Flat No.G2, Anderson gardens,
Anderson Road, Nungambakkam,
Chennai 600 006
8. Anderson Garden Apartments Association,
Old No.10, New No.30,
Flat No.G2, Anderson Gardens,
Anderson Road, Nungambakkam,
Chennai 600 006.
(R1, R4 to R6 deleted form the array of
respondents vide order dated 30.08.2022
made in w.P.22632/2022 by TRJ & KBJ) ...Respondents
Writ Petition filed under Article 226 of the Constitution of India to
issue a Writ of Mandamus to direct the 2nd and 3rd respondents to stop the
illegal construction by the 7th respondent and to demolish the unauthorized
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W.P.No.22632 of 2022
structure gates and pillars located in way of common pathways located in
the set back areas consequently direct the 2nd respondent to inspect the set
backs and pathways and to see that it is clear of any obstruction.
For Petitioner : Mr.Pushpakumar
For Respondents : Mr.D.B.R.Prabhu,
Standing Counsel for R2
Mr.C.N.Vinobha,
Standing Counsel for R3
Mr.K.Gajendran for R7
No appearance for R8
R1, R4 to R6- deleted vide order
of this Court(Mr.P.Gurunathan,
Additional Government Pleader
assisted the Court).
ORDER
(The order of the Court was made by V.LAKSHMINARAYANAN,J) The petitioner seeks for a Writ of Mandamus to direct the respondents 2 and 3 to stop the illegal construction made by 7th respondent and to demolish the unauthorized structure viz., gates and pillars located in the common pathway especially in the setback area.
2. The petitioner and the 7th respondents are the co-owners of the property in an apartment. The petitioner has purchased the property in the year 2013. There are totally 14 flats, in which, 14 families are being 3/6 https://www.mhc.tn.gov.in/judis W.P.No.22632 of 2022 accommodated. Around the apartment, there is a pathway for easy access of the parties to go around and also to enable the first respondent, Fire and Rescue Service to have access to the rear end of the apartment, in case, if there is any mishaps.
3. The 7th respondent seems to have purchased the property in the ground floor bearing Flat No.G2. After the said purchase, he has erected a gate across the pathway as well as put up two pillars in patent violation of the building approval. The photographs have been annexed at page Nos.87 to 91 which shows that the 7th respondent had constructed around his apartment encroaching upon the set back area as well as on the passage lane.
4. When we posted the matter yesterday (04.05.2023), Mr.Gajendran, learned counsel appearing for the 7th respondent submitted that he had moved the Government under section 80A as against the lock and seal and demolition notice which had been issued by the State respondents on 28.10.2022. He further stated that till his 80-A application has been pending, an interim order has been granted by this Court, not to take coercive steps in W.P.No.34181/2022.
5. Today, when the matter is taken up, Mr.P.Gurunathan, learned 4/6 https://www.mhc.tn.gov.in/judis W.P.No.22632 of 2022 Additional Government Pleader submitted that the 80-A appeal filed by the 7th respondent stood rejected as early as on 29.05.2023, confirming the lock and seal as well as the demolition notices. In fine, there is no impediment for the authorities to restore the property back to its original approved condition. Consequently, the Writ Petition stands allowed. The offending structure viz., gates and pillars shall be removed by the respondents within a period of four weeks from today.
Cal on 03.10.2023 for reporting compliance.
(J.N.B.,J.) (V.L.N,J.) 05.09.2023 Index:Yes/No Speaking/Non-speaking order vsi To
1. Principal secretary/ Commissioner, Greater Chennai Corporation, Ripon building, Chennai - 600 003.
2. Princial Secretary, Chennai Metropolitan development Authority, Thalamuthu-Natarajan Maaligai, No.1, Gandhi Irwin Road, Egmore, Chennai - 600 008.
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and V.LAKSHMINARAYANAN,J.
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