IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 21.02.2017 CORAM THE HON'BLE MR.HULUVADI G.RAMESH, ACTING CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE R.MAHADEVAN W.P.No.4192 of 2017 K.R.Narayanan .. Petitioner Vs.
1. The Secretary Housing and Urban Development Department Government of Tamil Nadu, Secretariat Fort St. George, Chennai- 600 009.
2. The Member Secretary Chennai Metropolitan Development Authority No.1, Gandhi Irwin Road, Egmore Chennai - 600 008.
3. The Managing Director Tamil Nadu Housing Board Nandanam Chennai - 600 035.
4. The Commissioner Corporation of Chennai Chennai- 600 003.
5. The Executive Engineer Zone- VIII, Anna Nagar Corporation of Chennai No.183 Poonamalle High Road Kilpauk Chennai- 600 010.
6. The Commissioner of Police Office of the Commissioner of Police EVR Periyar Salai Vepary, Chennai- 600 007.
7. The Inspector of Police(Crime) K-4 Police Station, Anna Nagar Chennai- 600 040.
8. Lakshmi Ajoy Kumar
9. V.Sathyanarayanan .. Respondents PRAYER: Petition under Article 226 of the Constitution of India for issuance of a writ of Mandamus directing respondents 4 and 5 to act in pursuance to the locking and sealing & demolition notice issued to respondents 8 and 9 pursuant to the representation of the petitioner dated 21.12.2016 and thus demolish the unauthorized construction of respondents 8 and 9 within a stipulated time.
For Petitioner : Mr.R.Abdul Mubeen For Respondents : Mr.M.K.Subramanian Government Pleader for respondents 1, 6 and 7 Mr.Rajasrinivas for 2nd respondent Mr.V.Anandamurthy for 3rd respondent Mr.V.C.Selvasekaran for respondents 4 and 5 ORDER (Order of the Court was made by the Acting Chief Justice) The petitioner has filed this petition seeking issuance of a writ of Mandamus directing respondents 4 and 5 to act in pursuance to the locking and sealing & demolition notice issued to respondents 8 and 9 pursuant to the representation of the petitioner dated 21.12.2016 and thus demolish the unauthorized construction of respondents 8 and 9 within a stipulated time.
2. The petitioner and respondents 8 and 9 are neighbours and have been allotted their respective flats by the Tamil Nadu Housing Board. It is alleged that respondents 8 and 9 have encroached upon the undivided share of land by forging the signature of other co-owners and converted the residential complex into a commercial venture. The petitioner also obtained information under the Right to Information Act to the effect that the extension of construction by respondents 8 and 9 is without approval.
3. It is further stated that respondents 8 and 9 preferred an appeal under Section 80A of the Tamil Nadu Town and Country Planning Act and the same was rejected. The writ petitions filed by the said respondents were disposed of by directing them to re-present the special revision petitions with a direction to the first respondent to dispose of the same within ninety days. It is alleged that till date no action has been initiated by the respondent/authorities to demolish the unauthorized construction put up by respondents 8 and 9. Hence, the present writ petition is filed for the relief stated supra.
4. The learned counsel for the first respondent produced before us the proceedings dated 13.1.2017 of the first respondent rejecting the revision petition filed by the eighth respondent and submits that in furtherance of the order passed in the revision petition, necessary action has been initiated by the respondent/ authorities.
5. The anxiety of the petitioner is to see that what has been illegally done should be set right. The proceedings dated 13.1.2017 makes it clear that the respondent/authorities are at it and it requires some reasonable time to do the needful.
In view of the above, the writ petition is disposed of with a direction to the respondent/authorities to forthwith do the needful in accordance with law. No costs.
Index : No Internet : Yes sasi (H.G.R., ACJ.) (R.M.D., J.) 21.02.2017 To:
1. The Secretary Housing and Urban Development Department Government of Tamil Nadu, Secretariat Fort St. George, Chennai- 600 009.
2. The Member Secretary Chennai Metropolitan Development Authority No.1, Gandhi Irwin Road, Egmore Chennai - 600 008.
3. The Managing Director Tamil Nadu Housing Board Nandanam Chennai - 600 035.
4. The Commissioner Corporation of Chennai Chennai- 600 003.
5. The Executive Engineer Zone- VIII, Anna Nagar Corporation of Chennai No.183 Poonamalle High Road Kilpauk Chennai- 600 010.
6. The Commissioner of Police Office of the Commissioner of Police EVR Periyar Salai Vepary, Chennai- 600 007.
7. The Inspector of Police(Crime) K-4 Police Station, Anna Nagar Chennai- 600 040.
HULUVADI G.RAMESH,ACJ.
AND R.MAHADEVAN,J.
(sasi) W.P.No.4192 of 2017 21.02.2017 http://www.judis.nic.in