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2025 DAILYLAW 20100 (MAD)

G.SANTHANAPATHY v. THE GRATER CHENNAI CORPORATION

WP/4324/2025 · 2025-03-26

K Rajasekar, S M Subramaniam

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2025:MHC:971 WP No. 4324 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 26-03-2025 CORAM THE HONOURABLE MR JUSTICE S. M. SUBRAMANIAM AND THE HONOURABLE MR.JUSTICE K.RAJASEKAR WP No. 4324 of 2025 AND WMP NO. 4840 OF 2025 1.G.Santhanapathy 2.S.Niranjan Petitioner(s) Vs 1. The Greater Chennai Corporation Rep. By Its Commissioner, Rippon Buildings, Chennai- 600 003. 2.The Executive Engineer Zone IX, No.1, Lake Area, 4th Cross Street, Nungambakkam, Chennai- 34 3.The Assistant Executive Engineer Zone IX, No.1, Lake Area, 4th Cross Street, Nungambakkam, Chennai- 34 4.The Junior Engineer Zone IX, No.1, Lake Area, 4th Cross https://www.mhc.tn.gov.in/judis WP No. 4324 of 2025 Street, Nungambakkam, Chennai- 34 5.Ganesh Rao 6.S.Sundaram, Respondent(s) WP No. 4324 of 2025 PRAYER Directing the Respondents 1 to 4 herein to forthwith lock and seal and demolish the unauthorised structures comprised in Door No.137/ 2 and 3 , Royapettah High Road (Tiru Vi.Ka. Road), Mylapore, Chennai- 600 004 pursuant to De-occupation Notice issued vide Notice No.ZONE .IX DN-121 /TPENF/03/2022 dated 02.02.2024 or otherwise within a time frame to be fixed by this court. WP No. 4324 of 2025 For Petitioner(s): Mr. Darshit B.Jain For Mr.Richardson Wilson For Respondent(s): Mr. D.B.R. Prabhu SC For GCC For R1 To R4 Mr.V.Jai Hari Sudhan For Mr.A.Chellakumar For R5 and R6 ORDER (Order of the Court was made by S.M.Subramaniam J.) The writ of mandamus has been instituted to direct the respondents 1 to 4 to immediately lock and seal, and demolish the unauthorised structures at Door https://www.mhc.tn.gov.in/judis WP No. 4324 of 2025 Nos.137/2 and 3, Royapettah High Road (Thiru.Vi.Ka. Road), Mylapore, Chennai – 600 004 pursuant to the de-occupation notice dated 02.02.2024. 2. The petitioners state that the unauthorised construction made by the respondents 5 and 6 posing danger to the neighbourhood and causing inconvenience. Despite complaints given to the authorities, there was no response. Thus, the writ petition came to be instituted. This Court directed the authorities to conduct a field inspection and survey and submit a report. 3. The Assistant Engineer, Zone-9, Greater Chennai Corporation conducted the inspection and submitted a report before this Court. The documents were verified and the authorities found that opportunities granted by the Greater Chennai Corporation to rectify the deviation have not been carried out by the respondents 5 and 6. Since the respondents 5 and 6 have not rectified the deviations, the authorities have locked and sealed the premises on 13.03.2025. https://www.mhc.tn.gov.in/judis WP No. 4324 of 2025 4. Several opportunities were granted by the Corporation to the respondents 5 and 6 to rectify the deviation and reconstruct the building as per the original planning permission. 5. With the above, the Corporation authorities are directed to proceed further and demolish the unauthorised construction and recover the costs from the respondents 5 and 6 by following the procedures as contemplated. The said exercise is directed to completed within a period of 12 weeks from the date of receipt of a copy of this order. 6. With the above directions, the Writ Petition stands allowed. Consequently, the connected Miscellaneous Petition is closed. No costs. (S.M.SUBRAMANIAM J.)(K.RAJASEKAR J.) 26-03-2025 (1/2) Jeni Index:Yes/No Speaking/Non-speaking order Internet:Yes Neutral Citation:Yes/No https://www.mhc.tn.gov.in/judis WP No. 4324 of 2025 To 1.The Greater Chennai Corporation Rep By Its Commissioner, Rippon Buildings, Chennai- 600 003. 2.The Executive Engineer Zone Ix, No.1, Lake Area, 4th Cross Street, Nungambakkam, Chennai- 34 3.The Assistant Executive Engineer Zone Ix, No.1, Lake Area, 4th Cross Street, Nungambakkam, Chennai- 34 4.The Junior Engineer Zone Ix, No.1, Lake Area, 4th Cross Street, Nungambakkam, Chennai- 34 5.Ganesh Rao Door No.5 (old Door No.3a), Jaganathapuram, 3rd Main Road, Velachery, Chennai -42. 6.S.Sundaram, No.25, Shiyali Street, Pudupet, Chennai- 02. https://www.mhc.tn.gov.in/judis WP No. 4324 of 2025 S.M.SUBRAMANIAM J. AND K.RAJASEKAR J. Jeni WP No. 4324 of 2025 26-03-2025 (1/2) https://www.mhc.tn.gov.in/judis