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THE ACTING CHIEF JUSTICE This writ petition has been preferred by the petitioner to direct respondents 7 to 9 to take appropriate action and, thereby, to demolish the illegal construction being put up by respondents 1 to 6 at Door No.53E, New Door No.5, Venkatesapuram Colony, Angadi Market Street, Ayanavaram, Chennai 600 023 .

2. According to the petitioner, he is the house owner of land in Plot No.54-E, Venkatesapuram Colony, Angadi Market Street, Ayanavaram, Chennai 600 023, which is adjacent to the property of respondents 1 and 2. While giving detailed facts, it is alleged that respondents 1 to 6 have constructed building in the respective land deviating from their plan affecting the ventilation, sunlight, etc., of the petitioner. Initially he filed a suit, but as the City Civil Court, Chennai observed that it has no jurisdiction and the suit was not maintainable, therefore, he filed a writ petition in W.P. No.35013/03 before this Court against the respondents herein. In the said case, having noticed the statement made by the counsel for the Corporation of Chennai that the Corporation has already issued stop work notice u/s 236 of the Chennai City Municipal Corporation Act, 1919 (hereinafter referred to as 'Act'), on 19th Nov., 2007, and is contemplating to issue notice u/s 256 (1) and (2) of the Act, observed that no further order was required to be passed in the said case and, thus, disposed of the said writ petition. The grievance of the petitioner is that, though it was said that notice for demolition u/s 256 (1) and (2) of the Act was to be issued, but no action has been taken by the Corporation.

Learned counsel appearing on behalf of the contesting respondents 7 to 9 submitted that though deviation has been made in some cases, the concerned respondents have either moved or contemplating to move for approval of revised plan as per construction already made. Learned counsel appearing on behalf of the Corporation accepted that they contemplate to proceed and issue notice u/s 256 (1) and (2) if there is deviation from the building plan.

3. We have heard the learned counsel for the parties and noticed their rival contentions.

a) The case is remitted to the respondent, Chennai Corporation to decide whether the respondents 1 to 6 have constructed their respective building (s) or portion of the building deviating from the sanctioned plan. A fact finding enquiry should be made jointly by the authorities of the Chennai Metropolitan Development Authority (hereinafter referred to as 'CMDA') and Corporation of Chennai, in presence of respondents 1 to 6 and the petitioner or their respective representatives in order to find out such deviation, if any, made. It should be completed within one month from the date of receipt of a copy of this order.
g) In case of any adverse decision, the Corporation will proceed with demolition and demolish the deviated portion of such building within one month from the date of rejection order.

5. The writ petition stands disposed of with the aforesaid observations and directions. But there shall be no order as to costs. 

							    (S.J.M., A.C.J.)      (V.D.P.J.)
								         29.01.2009
Index     : Yes
Internet : Yes
GLN


To
1. The Member Secretary
    The Chennai Metropolitan 
    Development Authority
    No.8, Gandhi Irwin Road
    Egmore, chennai  600 008.

2. The Commissioner
    Corporation of Chennai
    Ripon Buildings
    Chennai 600 003.

3. The Assistant Commissioner
    Corporation of Chennai
    Ayanavaram, Near Bus Stand
    Ayanavaram, Chennai 60 023.

4. The Chairman
    Tamil Nadu Electricity Board
    Anna Salai, Chennai 600 002.

5. The Superintending Engineer (SE) North
    Tamil Nadu Electricity Board
    Anna Salai, Chennai 600 002.

6. The Managing Director
    Chennai Metropolitan 
    Water Supply & Sewerage Board
    Chintadripet, Chennai 600 002.

7. The Superintending Engineer (SE) North
    The Chennai Metropolitan 
    Water Supply & Sewerage Board
    Chintadripet, Chennai 600 002.

							  	    THE HON'BLE
							 THE ACTING CHIEF JUSTICE
									AND
							         V.DHANAPALAN, J.
							           
	
										  GLN






						          PRE-DELIVERY ORDER IN
						                 W.P. NO.466 OF 2006




					
						


								Pronounced on
								     29.01.2009