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2011 DIGILAW 1946 (MAD)

Maznavi v. Chennai Metropolitan Development Authority, represented by its Member-Secretary, Chennai

2011-04-06

R.SUDHAKAR

body2011
Judgment :- 1. Writ Petition is filed praying to issue a Writ of Mandamus, directing the respondent to remove the lock and seal put up by them on 15.10.2010 under the provisions of Tamil Nadu Town and Country Planning Act with regard to constructions put up at Door No.508, Jaishankar Choudry Street, Kabaleeswarar Nagar, Neelangarai, Chennai-600 041 comprised in S.No.92/48 to enable the petitioner to carryout the removal of violations and rectify the deviations in constructions. 2. Mr.C.Kathiravan, learned counsel takes notice on behalf of the respondent. By consent of both parties, the writ petition is taken up for final disposal. 3. Petitioner states that his property has been locked and sealed by the respondent for admitted violation. The present writ petition has been filed for a mandamus to remove the lock and seal put up on 15.10.2010 so as to enable the petitioner to carry out the rectification in the construction, which according to the respondent authority is in violation of the provisions of the Tamil Nadu Town and Country Planning Act. 4. In view of the submission made by the learned counsel for the respondent, the respondent is directed to remove the lock and seal put up by them in the above premises on receipt of a copy of this order. 5. Petitioner is, thereafter, directed to remove the unauthorised constructions and deviations within three months from the date of removal of the seal and lock. If the petitioner does not comply with the above said direction within the stipulated time, the respondent authority is at liberty to proceed in accordance with law. Both the parties are directed to comply with the direction as above. 6. The writ petition is ordered as above. No costs. Consequently, connected miscellaneous petition is closed.