Madras High Court
WP/34070/2017 of C.R.RAJAN Vs Corporation of Chennai, on 28 December 2017
COURT OF JUDICATURE AT MADRAS DATED : 28.12.2017 CORAM THE HON'BLE
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 28.12.2017
CORAM
THE HON'BLE MR.JUSTICE M.S.RAMESH
AND
THE HON'BLE MR. JUSTICE G.R.SWAMINATHAN
W.P.No.34070 of 2017 andWMP.No.37808 of 2017C.R.Rajan .. Petitioner Vs.1 The Corporation of Chennai Rep. by its Commissioner Rippon Building Chennai - 600 003.2 The Executive Engineer Zone-8, Corporation of Chennai, Region Office-Central, Second Cross Street (East), Pulla Avenue, Shenoy Nagar, Chennai-30.3. Government of Tamil Nadu rep. by its Secretary to Government, Housing and Urban Development Department, Fort St. George, Chennai-9... Respondents PRAYER: Petition filed under Article 226 of theConstitution of India for issuance of a writ of Mandamusdirecting the respondents herein to remove the lock andseal put up by the respondent herein with regard to thebuilding at No.10/4, South High Court Colony Main Street,Villivakkam, Chennai-49 forthwith to enable the petitionerto rectify the deviations as well as to restore thebuilding to the permissible planning rules and regulationsin the said premises on the basis of the petitioner'srepresentation dated 09.11.2017 to the 3[rd] respondent.
https://hcservices.ecourts.gov.in/hcservices/
For Petitioner
For Respondents
: Mr.R.Mohan
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ORDER
(Order of the Court was made by Justice M.S.Ramesh)
Mr.A.Nagarajan, learned counsel takes notice for therespondents 1 and 2 and Mr.T.N.Rajagopalan, learned SpecialGovernment Pleader takes notice for the 3[rd] respondent.
2. The petitioner has filed this writ petition seekingissuance of a writ of Mandamus directing the respondents hereinto de-seal the building situated at No.10/4, South High CourtColony Main Street, Villivakkam, Chennai-49 forthwith, which wassealed on 29.11.2016 to enable the petitioner to carry out therectifications and restore the building as per permissibleplanning rules and regulations.
3. It is the case of the petitioner that he is the owner ofthe building situated at No.10/4, South High Court Colony MainStreet, Villivakkam, Chennai-49. It is alleged that therespondent authorities, without verifying the age of thebuilding, issued a lock and seal notice on account of deviationsand violations in construction and thereafter proceeded to lockand seal the premises. It is stated that the petitionerpreferred an appeal under Section 80A of the Tamil Nadu Town andCountry Planning Act, 1971 and the same is pendingconsideration. The petitioner also made a representation to therespondent authorities seeking to de-seal the premises to carryout the rectifications and to restore the building as per thepermissible planning rules and regulations. However, no orderswere passed on the same. Hence, the present writ petition.
4. Considering the facts and circumstances of the case, weare of the considered view that interest of justice would besubserved if the petitioner is given an opportunity to rectifythe defects pointed out by the respondents within a reasonabletime. Therefore, we direct the respondent authorities to removethe lock and seal put on the premises within a period of oneweek from the date of receipt of a copy of this order andthereafter, it is for the petitioner to rectify the defectspointed out by the respondent authorities within a period of twomonths. On satisfactory compliance by the petitioner, it is forthe respondent authorities to take a final decision in thematter in accordance with law. * The authorities will hear thecomplainants, if any in this case before taking a finaldecision. Till then, no coercive action shall be taken against the petitioner. We make it clear that the petitioner shall notoccupy the building until the deviations are rectified and thebuilding is held to be in conformity with the building plan.
5. The writ petition is disposed of accordingly. Nocosts. Consequently, connected Miscellaneous Petition is closed.
Sd/-
Assistant Registrar(CCC)Dated: 09/01/2018
* Order Corrected as per order of this Lordships Letter dated 18/09/2018Sd/- Assistant Registrar(CS VI) Dated: 01/10/2018
//True Copy//
Sub Assistant RegistrartsiTo:
1 The Commissioner, Corporation of Chennai, Rippon Building Chennai - 600 003.
2 The Executive Engineer Zone-8, Corporation of Chennai, Region Office-Central, Second Cross Street (East), Pulla Avenue, Shenoy Nagar, Chennai-30.
3. Secretary to Government, Government of Tamil Nadu, Housing and Urban Development Department, Fort St. George, Chennai-9.
+1cc to Mr.R.MOHAN Advocate, S.R.No. 92593+1cc to Mr.NAGARAJAN Advocate, S.R.No. 92624+1cc to the Government Pleader, S.R.No. 92660
W.P.No.34070 of 2017
MG(CO)TR(11/01/2018)GN(01/10/2018)