WP/35873/2019 of I.ZAHIR HUSSAIN Vs The Additional Secretary (Technical) on 30 December 2019

O R D E R

(Order of the Court made by S.VAIDYANATHAN,J.)

Seeking to quash the impugned order dated 24.10.2019 passedby the 1st Respondent vide Letter No.20380/UD-VI(2)/2019-2, andfor a consequential direction to the 2nd Respondent to de-sealthe building at No.1, Veerasamy Street and Chinna (Reddy)Street, Egmore, Chennai, the Petitioner has come up with thisWrit Petition.

2. Admittedly, the building in question has beenconstructed in violation of the Approved Plan. Learned counselfor the Petitioner submitted that, the Petitioner has filed afresh Plan for approval. However, it was refuted by the learnedcounsel appearing for the Respondent/CMDA that, pursuant to thepassing of the order impugned in the present Writ Petition, noApplication has been made by the Petitioner for demolition andconstruction, till date, and that, the building in question hasbeen under 'Lock and Seal'.

3. Though learned counsel for the Petitioner submittedthat, tenants are in occupation of the building in question, thePetitioner, in his Affidavit, has stated that, the building isunder 'Lock and Seal'. He went on to state that, time grantedby the authority concerned to rectify the defects in thebuilding, is not sufficient and that, the Petitioner may begranted further three months' time to comply with the conditionsstipulated in the impugned order. Learned counsel furthersubmitted that, the Petitioner has agreed to comply with thePlan as per the conditions stipulated in paragraph 7 of theimpugned order, if not already complied with. Also, thePetitioner has agreed to pay five times electricity charges witheffect from 01.01.2020 till the completion of work.

4. Taking note of the above submissions, since theimpugned order dated 24.10.2019 passed by the 1[st] Respondentherein is a well considered one, we are not inclined tointerfere with the same. However, as sought for by thePetitioner, this Court grants further time of three months' fromtoday to rectify the defects, as stated in paragraph 7 of the impugned order. Failure to comply with the same by thePetitioner would enable the authorities concerned to proceedfurther, based on the impugned order dated 24.10.2019, which hasbeen confirmed by this Court.

5. It is made clear that electricity charges payable bythe Petitioner shall not be recovered from the tenants, if any,in occupation of the premises. It is further made clear that ifanyone is in occupation of the building in question, thePetitioner will be liable to be taken to task by the Government.

The Writ Petition is disposed of accordingly. No costs.Consequently, connected W.M.P.No.36781 and 36782 of 2019 areclosed.

s/d- Assistant Registrar

True Copy Sub-Assistant Registrar

(rst/aeb)

To :

1. The Additional Secretary (Technical),Government of Tamil Nadu,Housing and Urban Development,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 Commissioner,Greater Corporation of Chennai,Ripon Building, Chennai 600 003.

4. The Executive Engineer (TP Enforcement),Corporation of Chennai,Central Zone (VIII),2[nd] Cross Street (East),Pulla Avenue, Thiru Vee Ka Park, Shenoy Nagar, Chennai 600 030.

5. The Assistant Executive Engineer,Unit – II, Town Planning Approval Section,Regional Office Center, Corporation of Chennai,No.36-G, Pulla Avenue, Shenoy Nagar,Chennai 600 030. Unit – II, Town Planning Approval Section,Regional Office Center, Corporation of Chennai,No.36-G, Pulla Avenue, Shenoy Nagar,Chennai 600 030.

+1 CC to Mr.K.Sankaran, Advocate sr 106846.

W.P.No.35873 of 2019

PPA(CO)SP(30/12/2019)