1. The Government of Tamil Nadu, Represented by its Principal Secretary, Town and Country Planning, Urban Development and Housing Department, Secretariat, Chennai 9
2. The Commissioner, Chennai Corporation, Chennai 600 003.
3. The Joint Director, Town Planning and Enforcement (RDC Central Division), Office of Additional Commissioner Office, 2nd Floor, 36-B Pulla Avenue, Shenoy Nagar, Chennai 30.
4. The Executive Engineer, Chennai Corporation, Zone IX, Division 120, Zone IX, No.1, Lake View Area, 4th Cross Street, Nungambakkam, Chennai 600 034.
6. Mr.T.S.Rajagopal, No.12 (Old No.10), Nammalvar Street, Triplicane, Chennai 600 005.
...Respondents in WP.No.25895/2017 Prayer in WP No.21315 of 2017 : Writ Petition is filed under
Article 226 of the Constitution of India, to issue a writ a Mandamus directing the respondents 1 to 6 to remove the unauthorized construction put up by the 7th respondent in old Door No.9, New Door No.11, Nammalvar Street, Triplicane, Chennai. Prayer in WP No.28595 of 2017 : Writ Petition is filed under
Article 226 of the Constitution of India, to issue a writ a Mandamus directing the respondents 2 to 5 to demolish the illegal and unauthorized building of 6th respondent at New No.10, (Old No.12), Nammalvar Street, Division 120, Zone 9, Triplicane, 600 005. For Petitioner in WP.No.21315/2017 : Mr.V.Raghavachari For Petitioner in WP.No.25895/2017 : Mr.M.R.Jothimanian For Respondents in WP.No.21315/2017 : Mr.V.C.Selvasekaran for R1 to R6 Mr.M.R.Jothimanian for R7 For Respondents in WP.No.25895/2017 : Mr.V.C.Selvasekaran for R1 to R5 Mr.V.Raghavachari for R6 COMMON ORDER [Order of the Court was made by M.SATHYANARAYANAN, J.] By consent, the writ petitions are taken up for final disposal.
2. Mr.V.C.Selvasekaran, learned standing counsel accepts notice on behalf of respondents 1 to 5 and Mr.V.Raghavachari, learned counsel accepts notice on behalf of 6th respondent in WP.No.25895/2017.
3. The 7th respondent in WP No.21315 of 2017 came forward to file this writ petitio, WP.No.25895/2017, alleging unauthorised and deviated construction on the part of the 6th respondent herein (the petitioner in WP No.21315 of 2017) and the grievance expressed by him is that the 6th respondent herein / the petitioner in WP No.21315 of 2017 is also equally guilty of putting up unauthorised construction and since his representation to abate the said nuisance, failed to invoke any kind of response, he came forward to file this writ petition.
4. The 3rd respondent who is the Zonal Officer, Zone IX, Corporation of Chennai, Chennai 34 has filed the counter and in paragraph No.7, the unauthorised / deviated construction put up by the 7th respondent / the writ petitioner in WP No.28595 of 2017 has been pointed out and it is relevant to extract the same :
Sl.No.
Description As per Plan (Sq.m) As per Site (Sq.m) Deviated / unauthorised (Sq.m) 1 Stilt Floor 54.05 Sq.m 66.07 Sq.m 12.02 Sq.m 2 1st Floor 54.05 Sq.m 66.07 Sq.m 12.02 Sq.m 3 2nd Floor 54.05 Sq.m 66.07 Sq.m 12.02 Sq.m
5. Similarly, in Paragraph No.9 of the counter affidavit filed by the Zonal Officer, Zone-IX, Corporation of Chennai, the unauthorised / deviated construction put up by the petitioner in WP No.21315 of 2017/ the 6th respondent herein, has been pointed out and it is relevant to extract the same : Sl.No.
Description As per Plan (Sq.m) As per Site (Sq.m) Deviated / unauthorised (Sq.m) 1 Ground Floor 41.74 Sq.m 57.80 Sq.m 12.02 Sq.m 2 1st Floor 41.74 Sq.m 66.07 Sq.m 12.02 Sq.m 3 2nd Floor Nil 66.07 Sq.m 12.02 Sq.m
6. The respective learned counsels appearing for the petitioners made counter allegations against the alleging unathorised / deviated construction put up by each of them and prays for appropriate orders to demolish the construction.
7. Though the petitioners pray for a larger relief, this Court in the light of the above facts and circumstances without going in to the merits of the claim projected by the petitioner in WP.No.25895/2017, directs the 3rd respondent to proceed further in terms of the impugned notices dated 06.09.2017 and 08.09.2017 respectively, issued to the respective writ petitioners under Section 56 & 57 read with Section 85 of the Town and Country Planning Act, 1971 as expeditiously as possible and not later than eight weeks from the date of receipt of copy of this order and if the writ petitioners are aggrieved by the same, they are at liberty to work out their remedy in accordance with law before the competent Forum.
8. The writ petition stands disposed of accordingly. Consequently, the connected miscellaneous petition is also closed.
1. The Greater Chennai Corporation, Represented by its Commissioner, Ripon Building, Chennai 600 003.
2. The Regional Deputy Commissioner, Chennai Corporation, 36B, 2nd cross Street, Pulla Venue, Shenoy nagar, Chennai 600 034
3. The Zonal Officer, Chennai Corporation, Zonal IX, Lake view Road, Chennai 600 034
4. The Executive Engineer IX, The Corporation Zone IX, No.1, Lake View Area, 4th Cross Street, Nungambakkam, Chennai 34
5. The Assistant Engineer-2, The Corporation Zone IX, Division 120 No.1, Lake view area, 4th Cross Street, Nungambakkam, Chennai 600 034
6. The Assistant Engineer, Zone IX Division 120, No.1, Lake view area, 4th Cross Street, Nungambakkam, Chennai 600 034
7. The Government of Tamil Nadu, Represented by its Principal Secretary, Town and Country Planning, Urban Development and Housing Department, Secretariat, Chennai 9
8. The Commissioner, Chennai Corporation, Chennai 600 003.
9. The Joint Director, Town Planning and Enforcement (RDC Central Division), Office of Additional Commissioner Office, 2nd Floor, 36-B Pulla Avenue, Shenoy Nagar, Chennai 30.
10. The Executive Engineer, Chennai Corporation, Zone IX, Division 120, Zone IX, No.1, Lake View Area, 4th Cross Street, Nungambakkam, Chennai 600 034.
M.SATHYANARAYANAN, J., AND N.SESHASAYEE, J., rka W.P.No.21315 of 2017 and WP No.28595 of 2017 14.11.2017