(Order of the Court was made by The Hon'ble Acting Chief Justice) Mr.V.C.Selvasekaran, learned counsel takes notice for the respondents.
2. Heard the learned counsel for parties.
3. The petitioner has filed this writ petition seeking to quash the stop work notice dated 19.1.2017 and the consequent locking, sealing and demolition notice dated 24.1.2017.
4. It is the case of the petitioner that the entire western portion of the premises bearing Door No.92, Myura at Lloyds Road (Avvai Shanmugam Salai), Royapettah, Chennai-14 was bequeathed to the petitoner by her father Kalyanasundaram vide Will dated 07.5.1983. The entire western portion bequeathed to the petitioner is only in the ground floor of the property and the building is 100 years old. Due to unprecedented rain, the western portion consists of shop portions were completely inundated with flood water upto the roof level. According to petitioner, she started effecting repairs of the shops in the month of January, 2017 by raising the floor level by two feet and covering the shop portions by metal roofing and also replacing the worn out wooden doors by new doors. Respondent Nos.2 to 4 have issued stop work notice/notice calling for approved plan on 19.1.2017, failing which the premises would be locked and sealed. The petitioner has issued reply to the said notice on 23.1.2017 stating that the building is more than 100 years old, which is in a dilapidated condition and that the petitioner is not having the approved plan. In the reply, the petitioner stated that she is not demolishing the shop portions, but she is only replacing the roofs by metal sheets as the tin roofs were blown off by the winds due to Vardah cyclone. Without considering the reply, the respondents 2 to 4 have issued the locking and sealing notice on 24.1.2017. Aggrieved by the same, the present petition is filed seeking the relief stated supra.
5. Considering the facts and circumstances of the case, we direct the respondents 2 to 4 to consider the reply dated 23.1.2017 said to have been sent by the petitioner and then pass appropriate orders in accordance with law within a period of two months of the receipt of a copy of this order. Till such time, the parties are directed to maintain status quo.
6. The writ petition is disposed of accordingly. No costs.
Consequently, W.M.P.No.4657 of 2017 is closed.
Index : Yes/No Internet : Yes/No bbr To (H.G.R., ACJ.) (R.M.D., J.) 22.02.2017
1. The Commissioner, Corporation of Greater Chennai, Rippon Buildings, Chennai-03.
2. The Executive Engineer/Zone IX, No.1, Lake Area, 4th Cross Street, Nungambakkam, Chennai-34.
3. The Assistant Engineer/Dn-119, Greater Chennai Corporation, No.1, Lake Area, 4th Cross Street, Nungambakkam, Chennai-34.
4. The Assistant Executive Engineer, Division 119, U-24, Zone 9, Greater Chennai Corporation, CIT Colony, 6th Street, Mylapore, Chennai-04.
The Hon'ble Acting Chief Justice and R.Mahadevan, J.
bbr W.P.No.4451 of 2017 22.02.2017 http://www.judis.nic.in