Madras High Court
T.Starling vs The Government Of Tamil Nadu on 25 August, 2014
Author: N.Paul Vasanthakumar
Bench: N.Paul Vasanthakumar, K.Ravichandrabaabu
IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 25.08.2014 CORAM THE HONOURABLE MR.JUSTICE N.PAUL VASANTHAKUMAR AND THE HONOURABLE MR.JUSTICE K.RAVICHANDRABAABU W.P.No.22319 of 2014 T.Starling ... Petitioner Vs. 1.The Government of Tamil Nadu, rep. by the Secretary to Government, Housing & Urban Development Department, Secretariat, Chennai 9. 2.Chennai Metropolitan Development Authority, rep. by its Member Secretary, No.1, Gandhi Irwin Road, Egmore, Chennai 8. 3.The Commissioner, Corporation of Chennai, Rippon Buildings, Chennai 3. ... Respondents Writ Petition is filed under Article 226 of the Constitution of India praying to issue writ of mandamus directing the respondents to remove the lock and seal of the premises comprised in T.S.No.7352/2 Block No.130 of T.Nagar village, Chennai and permit the petitioner to rectify the deviations within a reasonable time. For Petitioner : Mr.K.Venkataramani Senior Counsel for Mr.M.Muthappan For Respondents : Mrs.A.Sri Jayanthi Spl. Govermnment Pleader for R1 Mr.K.Raja Srinivas for R2 Mr.K.Soundara rajan for R3 -------- ORDER
(Order of the Court was made by N.PAUL VASANTHAKUMAR,J.) Heard Mr.K.Venkataramani, learned Senior Counsel appearing for the petitioner and Mrs.A.Sri Jayanthi, learned Special Government Pleader appearing for the 1st respondent; Mr.K.Raja Srinivas, learned counsel appearing for the 2nd respondent and Mr.K.Soundara rajan, learned counsel appearing for the 3rd respondent.
2. This writ petition is filed for issuance of a writ of mandamus directing the respondents to remove the lock and seal of the premises comprised in T.S.No.7352/2, Block No.130 of T.Nagar village, Chennai and permit the petitioner to rectify the deviations within the reasonable time.
3. The learned Senior Counsel appearing for the petitioner has submitted that even though the lock and seal order was challenged by the petitioner in an appeal before the Secretary to Government, Housing and Urban Development, the 1st respondent herein on 09.10.2013, the petitioner has sent a letter on 21.8.2014 by registered post withdrawing the said appeal and the appeal preferred by the petitioner may be treated as withdrawn.
4. In the affidavit filed in support of the writ petition, the petitioner has stated that if the premises is de-sealed and allowed to be occupied, the petitioner will rectify the deviations within a period of six months and bring the building as per the specification mentioned in the approved plan.
5. At this juncture, the learned Senior Counsel for the petitioner submitted that even though six months time is prayed to rectify the deviations and bring the building as per the specification mentioned in the approved plan, the petitioner will be in a position to rectify the deviations and restore the building as per the approved plan, if four months time is given. The said submission of the learned Senior Counsel for the petitioner is recorded.
6. In the light of the said submission, the writ petition is disposed of with a direction to the 2nd respondent to remove the seal put up by them in respect of the premises in T.S.No.7352/2, Block No.130 of T.Nagar village, Chennai for a period of four months from the date of receipt of a copy of this order, so as to enable the petitioner to rectify the deviations. The petitioner is directed to rectify the deviations and restore the building in tune with the approved plan, within the period of four months from the date of removal of the seal by the 2nd respondent. It is made clear that if the deviations are not rectified and the building is not restored as per the approved plan, it is open to the 2nd respondent to inspect and initiate proceedings for sealing the said premises. No costs.
(N.P.V.,J.) (K.R.C.B.,J.)
25.08.2014
Index : Yes/No
Internet : Yes/No
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Note:
Issue order copy on : 27.8.2014.
To
1. The Secretary to Government,
Housing & Urban Development Department,
Secretariat, Chennai 9.
2. The Member Secretary,
Chennai Metropolitan Development Authority,
No.1, Gandhi Irwin Road, Egmore, Chennai 8.
4.The Commissioner,
Corporation of Chennai,
Rippon Buildings, Chennai 3.
N.PAUL VASANTHAKUMAR,J
AND
K.RAVICHANDRABAABU,J
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W.P.No.22319 of 2014
25.08.2014