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2015 DIGILAW 1240 (MAD)

S. A. Rahman v. Commissioner, Corporation of Chennai, Chennai

2015-03-03

M.VENUGOPAL, SATISH K.AGNIHOTRI

body2015
Judgment Satish K. Agnihotri, J. 1. The grievance of the petitioner in this writ petition is that the respondents 3 and 4 have made violations in respect of their property situated over Plot No.10/136 E Type at Villivakkam, Phase-I, Chennai.49. 2. It appears that the first respondent-Corporation, after inspection on 05.2.2015, has issued a notice dated 10.2.2015 under Sections 56 and 57 read with Section 85 of the Tamilnadu Town and Country Planning Act 1971 (for short 'The Act'), requiring the 4th respondent, who happends to be the father of the third respondent, to stop the work/ remove unauthorised portion/ deviated construction immediately and confirm in writing the fact of having done so, within 3 days from the date of receipt of the notice. It appears that no action was taken by the respondents 3 and 4 pursuant to the said notice dated 10.2.2015. Thereafter, on 26.2.2015, locking, sealing and demolition notice under Sections 56 and 57 of the Act was issued calling upon the private respondents to secure compliance of the sanctioned plan by locking and sealing the premises and carrying out demolition of the deviated/unauthorised portion of the building. After the respondents 1 and 2 have initiated action to ensure that the deviated unauthorised construction is removed, we do not propose to interfere at this stage. However, we direct the authorities to take consequential action thereafter in accordance with law and on merits, within the specified period prescribed under the Provisions of law. 3. It is also brought to our notice that similar notice has been issued to the petitioner in respect of his property situated at Plot No.10/136 E-Type at Villivakkam, Phase-I, Chennai-49. We do not propose to make any observation in respect of such notice as it is for the petitioner to take appropriate steps as required under law, as advised. 4. This writ petition is disposed of accordingly. Connected Miscellaneous Petitions are closed. No costs.