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2023 DIGILAW 1018 (MAD)

S. Kalavathy v. Commissioner, Corporation of Chennai, Rippon Buildings, Chennai

2023-03-13

V.LAKSHMINARAYANAN, V.M.VELUMANI

body2023
JUDGMENT (Prayer: Writ Petition is filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus, directing the respondents 1 to 3 herein to consider the petitioner''s representation dated 21.02.2018 and directing them to take legal action against the illegal construction are being carried out without obtaining Planning permit and Building Plan by the respondents 5 & 6 herein, within the time fixed by this Court.) V.M. Velumani, J. 1. The petitioner has come out with the present Writ Petition for a direction to the respondents 1 to 3 to consider the petitioner''s representation dated 21.02.2018 and directing them to take legal action against the illegal construction are being carried out without obtaining Planning permit and Building Plan by the respondents 5 & 6 herein, within the time fixed by this Court. 2. According to the petitioner, the property situate at Plot No.53/13, 3rd Street, Parameswaran Nagar, T.P.Chathiram, Chennai – 600 030 measuring to an extent of 3000 sq.ft, was allotted to her father by the Aadhi Dravidar Welfare Department, Government of Tamil Nadu. Subsequent to death of her father on 21.02.1975, the petitioner along with her mother, sister and brother are residing there. On 05.02.1988, the petitioner''s mother partitioned a portion of the said property measuring about 1000 sq.ft and allotted the same to the petitioner. The respondents 5 & 6 encroached the portion of the petitioner''s sister, 4th respondent herein and started putting up construction. Hence, the 4th respondent filed suit in O.S.No.3795 of 2009 before the City Civil Court, Chennai and in the said suit, injunction was granted against the respondents 5 & 6. Inspite of the same, the respondents 5 & 6 are continuing construction. Hence, the petitioner filed W.P.No.24405 of 2017 before this Court and the same was withdrawn, as the officials of the respondents 1 to 3 informed that they will take action against the respondents 5 & 6. Thereafter, the 3rd respondent inspected the property and issued Stop Work Notice to the respondents 5 & 6 to furnish the planning permit and building plan. Since, the respondents 5 & 6 have not furnished any documents, the 3rd respondent issued another notice dated 25.10.2017 to respondents 5 & 6 to furnish the planning and building permit. However, the respondents 5 & 6 have not furnished any details. Since, the respondents 5 & 6 have not furnished any documents, the 3rd respondent issued another notice dated 25.10.2017 to respondents 5 & 6 to furnish the planning and building permit. However, the respondents 5 & 6 have not furnished any details. Hence, the petitioner lodged complaint before the K-6, T.P.Chathiram Police Station, Chennai and sent another complaint dated 20.11.2017, to the Inspector of Police, K-6, T.P.Chathiram Police Station, Chennai. Thereafter, the petitioner filed Crl.O.P.No.27406 of 2017 before this Court. On 19.02.2017, the Corporation officials along with Police inspected the property and issued notice to the respondents 5 & 6. The petitioner''s daughter obtained information under Right to Information Act, 2005, that no planning permit and building plan was sanctioned to respondents 5 & 6. Hence, the petitioner sent representation dated 21.02.2018 to the respondents 1 to 3 to take legal action against the respondents 5 & 6 and to demolish the illegal construction. Since, no action has been taken on the said representation dated 21.02.2018, the petitioner has come out with the present Writ Petition. 3. Though respondents 5 & 6 entered appearance through counsel, today when the matter is taken up for hearing, there is no representation for them, either in person or through counsel. 4. Heard the learned counsel appearing for the parties and perused the entire materials on record. 5. Considering the nature of relief sought for by the petitioner in the present Writ Petition, the respondents 1 to 3 are directed the inspect the property in question within a period of two weeks from the date of receipt of a copy of this order after issuing notice to the petitioner as well as respondents 5 & 6 and if there is any unauthorized construction, take appropriate proceedings within a period of eight weeks thereafter and file a report before this Court. 6. With the above directions, the Writ Petition is disposed of. Consequently, the connected Miscellaneous Petition is closed. No costs. 7. Post the matter ''For Reporting Compliance'' in the First Week of June 2023.