Madras High Court
Janaki Arunkumar vs The Secretary To Government on 21 December, 2020
Author: M.Sathyanarayanan
Bench: M.Sathyanarayanan
WP.No.11632/2020
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 21.12.2020
CORAM
THE HONOURABLE MR. JUSTICE M.SATHYANARAYANAN
AND
THE HONOURABLE MRS. JUSTICE R.HEMALATHA
WP.No.11632/2020 & WMP.No.14260/2020
Janaki Arunkumar, IRS [Retd] .. Petitioner
Versus
1.The Secretary to Government
Government of Tamilnadu
Housing & Urban Development
Department, Secretariat,
Chennai 600 009.
2.The Member Secretary
Chennai Metropolitan Development Authority
Thalamuthu Natarajan Building,
Gandhi Irwin Road, Chennai 600 008.
3.The Commissioner
Corporation of Chennai,
Rippon Building, Chennai 600 003.
4.Mr.Sandeep Hariram
5.Mr.Saravanan .. Respondents
https://www.mhc.tn.gov.in/judis/
1
WP.No.11632/2020
Prayer:- Writ petition filed under Article 226 of the Constitution of
India praying for issuance of a writ of mandamus directing the
respondents 1 to 3 to initiate action under Tamil Nadu Town and Country
Planning Act, 1971, against the respondents 4 and 5 by locking and
sealing the unauthorised constrution and consequently demolishing the
unauthorised construction and rstoring the building in compliance to the
original building plan.
For Petitioner : Mr.Dhanaram Ramachandran
For R1 : Mr M.Elumalai
Additional Government Pleader
For R2 : Mr.Karthik Rajan
Standing counsel
For R3 : Mr.K.Raja Srinivas
Standing counsel
For R4 : Mr.S.Rajasekar
For R5 : Mr.M.Aravindan
ORDER
[Order of the Court was made by M.SATHYANARAYANAN, J.] (1)The petitioner who is a resident of Flat No.2, Ground Floor, Block M8, No.2, 4th Main Road, Besant Nagar, Chennai-600 090, has filed the writ petition stating among other things, respondents 4 and 5 who are owners of Flat No.1 and Flat No.3 Block No.M/8, are using the residential houses for commercial purposes by letting out the property for running commercial establishment and in the process, unauthorised https://www.mhc.tn.gov.in/judis/ 2 WP.No.11632/2020 constructions had also taken place and it took a heavy toll and as a consequence, the sewarage lines had also started overflowing and hence, came forward to file this present writ petition. (2)The writ petition was entertained and a Status Report dated 04.11.2020 was filed by the Executive Engineer, Zone - 13, Greater Chennai Corporation and it is relevant to extract paragraphs No.9 and 10:-
''9.I submit that the details of deviations/unauthorised construction made by the fourth respondent were noted at the time of inspection is as follows:-
Sl.No Description Allotment As per site Deviated / Buildign area as Unauthorised area per TNHB Layout 1 Ground Floor 852 sq.ft. 1214 sq.ft. Rear set back deviated building area at 362 sq.ft.
2 Second Floor Nil 362 sq.ft. Rear set back area extended unauthorisedly at 362 sq.ft. With 31 sq.ft., toilet and staircase.
10.I submit that the details of deviations/unauthorised construction made by the fifth respondent were noted at the time of inspection is as follows:-
https://www.mhc.tn.gov.in/judis/ 3 WP.No.11632/2020 Sl.No Description Allotment As per site Deviated / Buildign area as Unauthorised area per TNHB Layout 1 Ground Floor Nil 725 sq.ft. Unauthorised / deviated building at side set back 725 sq.ft.
2 First Floor 852 sq.ft. 1939 sq.ft. Unauthorised / deviated building with rear set back area at 362 sq.ft., and side set back area eastern side at 725 sq.ft.
3 Second Floor Nil 1018 sq.ft. Unauthorised building with side set back area 725 sq.ft., and extended area 293 sq.ft., staff rooms and toilet.
4 Third Floor Nil 312 sq.ft. 1]249 sq.ft.,
unauthorised room
2]63 sq.ft.
Unauthorised room.
(3)The learned counsel for the petitioner would submit that the petitioner, in response of the premises owned by her, did not put up any unauthorised additional construction and in the light of the fact that almost all residential premises are being let out for commercial purposes, the petitioner is contemplating to lease out a portion of the premises for storage of certain items in respect of a Restaurant and he would also state that as on date, the premises in which the petitioner is residing in Plot No.17, 5th Main Road, Palavakkam, Chennai-41, https://www.mhc.tn.gov.in/judis/ 4 WP.No.11632/2020 known as ''Shree Sai Mulbagal House'', is also authorised and is constructed without any deviation or violation of any norms or rules.
(4)The 2nd respondent has also filed a counter affidavit stating among other things that CMDA did not issue any planning permission for the site under reference and that apart, powers have been delegated to the Commissioner of Greater Chennai Corporation, for taking necessary enforcing act under the various proceedings. (5)The learned counsel appearing for respondents 4 and 5 would submit that respondents 4 and 5 filed WP.Nos.18256 and 18274/2020 against the Assistant Executive Engineer, Unit-38, Zone-13 and the Assistant Engineer, Division-176, Zone-13, Chennai-20, by making a challenge to the Notice issued under sections 56[1] and 57 read with section 85 of the Town and Country Planning Act, and both the writ petitions came to be disposed of vide common order dated 08.12.2020 by granting liberty to respondents 4 and 5 herein, to work out their remedy in the form of filing special revisions/appeals under Section 80-A of the Town and Country Planning Act, and they are also contemplating to avail the said remedy.
(6)This Court has considered the rival submissions and also perused the https://www.mhc.tn.gov.in/judis/ 5 WP.No.11632/2020 materials placed before it.
(7)A perusal of the Status Report dated 04.11.2020 of the Executive Engineer, Zone-XIII, Greater Chennai Corporation would prima facie disclose that respondents 4 and 5 had deviated / put up some unauthorised construction, for which action has already been taken and in the light of the order dated 08.12.2020 made in WP.Nos.18256 and 18274/2020, respondents 4 and 5 are also availing the statutory remedy.
(8)The 1st respondent, while disposing of the statutory revisions/appeals filed by the respondents 4 and 5, shall also put the petitioner on notice and afte hearing the petitioner's objection, shall give a disposal to the said revisions/appeals as expeditiously as possible. (9)In the light of the stand taken by the petitioner that the premises owned by her in Plot No.17, 5th Main Road, Palavakkam, Chennai-41, known as ''Shree Sai Mulbagal House'' as well as the premises in which she is residing at present, viz., Flat No.2, Ground Floor, Block No.M/8, No.2, 4th Main road, Besant Nagar, Chennai-600 090, are not deviated and no violation of any norms had also took place, it is open to the jurisdictional Corporation officials to cause inspection of both the premises, after putting the petitioner on advance notice and if any https://www.mhc.tn.gov.in/judis/ 6 WP.No.11632/2020 infractions/violations are noted, they are at liberty to proceed in accordance with law.
(10)Since the problem of using the residential premises for commercial exploitation is increasing day-by-day, the 3rd respondent is directed to tak immediate, necessary and appropriate action to find out the same throughout the City of Chennai and at the first instance, they shall start the said exercise from Besant Nagar and of course, in accordance with law.
(11)The writ petition stands disposed of accordingly. No costs. Consequently, the connected miscellaneous petition is closed. (12)Call on 05.04.2021 for filing of the Status Report by the 3 rd respondent with supporting documents and photographs, if any.
[MSNJ] [RHJ]
21.12.2020
AP
Internet:Yes
https://www.mhc.tn.gov.in/judis/ 7 WP.No.11632/2020 To
1.The Secretary to Government Government of Tamilnadu Housing & Urban Development Department, Secretariat, Chennai 600 009.
2.The Member Secretary Chennai Metropolitan Development Authority Thalamuthu Natarajan Building, Gandhi Irwin Road, Chennai 600 008.
3.The Commissioner Corporation of Chennai, Rippon Building, Chennai 600 003.
https://www.mhc.tn.gov.in/judis/ 8 WP.No.11632/2020 M.SATHYANARAYANAN, J., AND R.HEMALATHA, J., AP WP.No.11632/2020 21.12.2020 https://www.mhc.tn.gov.in/judis/ 9