Madras High Court
C.Bosco vs The Government Of Tamil Nadu on 22 June, 2021
W.P. No. 5369 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 22.06.2021
CORAM :
THE HONOURABLE MR.JUSTICE N.KIRUBAKARAN
and
THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI
W.P. No. 5369 of 2021
and
W.M.P.No.5962 of 2021
C.Bosco ... Petitioner
Vs.
1.The Government of Tamil Nadu,
Rep., by its Principal Secretary,
Housing and Urban Development Department,
Secretariat, Chennai-600 009.
2.The Member Secretary,
Chennai Metropolitan Development Authority,
Egmore, Chennai-600 008.
3.The Commissioner,
Corporation of Chennai,
Ripon Building, Chennai-600 003.
4.The Executive Engineer,
Corporation of Chennai,
Regional Office – Central,
2nd Cross Street, Pulla Avenue,
Shenoy Nagar, Chennai-600 030. ...Respondents
1/7
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W.P. No. 5369 of 2021
PRAYER : Petition filed under Article 226 of the Constitution of India for
issuance of Writ of Mandamus directing the 2nd respondent to regularize the
petitioner's building vide application CMDA/Reg-113C/133/2017 dated
19.12.2017 as per 1st respondent's order in Letter No.17407/UD-VI(2)/2016-
3, dated 07.10.2016 and in light of the Judgment passed by the Division
Bench of this High Court in W.P.No.27767 of 2018 within a time fixed by
this Court.
For Petitioner : Mr.R.Gunaalan
For R1 : Mr.P.Balathandayutham
State Government Counsel
For R2 : Mr.P.Veena Suresh
Standing Counsel
For RR3 & 4 : Mr.K.Raja Srinivas,
Senior Standing Counsel
ORDER
(Order of the Court was passed by N.KIRUBAKARAN, J)
The Petitioner had purchased the property measuring an extent of
1200 square feet along with building, having plinth area of 500 square feet
vide Document No.2702 of 2011 dated 19.12.2011. Thereafter, the
Petitioner is in possession of the property and he had let out the property to
a third party/tenant to run a restaurant. Whileso, the Fourth Respondent
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W.P. No. 5369 of 2021
issued a notice dated 17.09.2014 to the Petitioner's tenant, calling upon him
to produce the approved plan in respect of the said premises. Subsequently,
a detailed reply was given by the Petitioner and thereafter, de-occupation
notice dated 28.04.2015 was issued vide
No.Regioncentral/TPENF/0534/2015 by the Fourth Respondent. The said
notice was challenged before this Court in Writ Petition Nos. 31381 and
31382 of 2016 and this Court vide common order dated 14.09.2016
disposed of the Writ Petitions and directed the Petitioner to file a Revision
within a period of 15 days from the date of receipt of a copy of that order
before the Appellate Authority under Section 80A of the Tamil Nadu Town
and Country Planning Act, 1971. Thereafter, the First Respondent passed an
order on 07.10.2016 to de-seal the premises for a period of six months to
carry out rectification works in the premises, subject to furnishing of an
undertaking that during the period of de-sealing, the premises shall not be
used for occupation purpose. After de-sealing, rectification works have been
carried out and a possible 10 feet front set back has been effected as per the
order of the First Respondent dated 07.10.2016 and the Petitioner informed
the authority about the completion of the rectification works. Thereafter, the
Fourth Respondent re-inspected the premises on 17.04.2021 as per the
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W.P. No. 5369 of 2021
directions of this Court dated 19.03.2021. The Petitioner availed the benefit
under the Government Orders in G.O. Ms. Nos. 110 and 111 dated
22.06.2017 for examination of the building under Section 113-C of the
Town and Country Planning Act, 1971 (Tamil Nadu Act, 1972).
2. Since the petitioner had already carried out the rectification works, he
filed an Application to the Second Respondent via online on 19.12.2018 for
regularizing the building, in the light of the order passed in W.P. No. 27767
of 2018. Since no action has been taken on the application, the Petitioner
has come before this Court.
3. Heard Mr. M.Devarajan, Learned Counsel for the Petitioner,
Mr. P.Balathandayutham, Learned State Government Counsel appearing for
the First Respondent, Mrs. P.Veena Suresh, Learned Counsel appearing for
the Second Respondent and Mrs. K.Raja Srinivas, Learned Counsel
appearing for the Third and Fourth Respondents, and perused the materials
placed on record, apart from the pleadings of the parties.
4. It is evident from the records that the matter had already attracted
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W.P. No. 5369 of 2021
many rounds of litigations. However, the Petitioner had already got an order
from the First Respondent on 07.10.2016 to de-seal the premises and carry
out the rectification works, as per the order of this Court. Further, the re-
inspection was already made as per the order of this Court and application
for regularization was also made. However, there is no approved plan
available with regard to the Petitioner's premises. Based on the materials
available on record and especially, the rectification works done by the
Petitioner pursuant to the First Respondent's order dated 07.10.2016, it is
appropriate to direct the Petitioner to file an application for approval and the
Fourth Respondent to consider and pass orders on such application for
approval, positively, since many rounds of litigations had already taken
place and the Petitioner had also rectified the deviation.
5. Therefore, the Petitioner is directed to file an application for approval
within a period of two weeks from the date of receipt of a copy of this order
and thereafter, the Fourth Respondent shall process such application and do
necessary acts for grant of approval within a period of six weeks.
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W.P. No. 5369 of 2021
6. With the above directions, this Writ Petition is disposed of.
Consequently, connected Miscellaneous Petition is closed. No costs.
[N.K.K., J.] [T.V.T.S., J.]
22.06.2021
Maya
Index : Yes/No
Internet : Yes/No
Speaking order : Yes/No
To
1.The Principal Secretary,
The Government of Tamil Nadu,
Housing and Urban Development Department,
Secretariat, Chennai-600 009.
2.The Member Secretary,
Chennai Metropolitan Development Authority,
Egmore, Chennai-600 008.
3.The Commissioner,
Corporation of Chennai,
Ripon Building, Chennai-600 003.
4.The Executive Engineer,
Corporation of Chennai,
Regional Office – Central,
2nd Cross Street, Pulla Avenue,
Shenoy Nagar, Chennai-600 030.
https://www.mhc.tn.gov.in/judis/
W.P. No. 5369 of 2021
N.KIRUBAKARAN, J.
and
T.V.THAMILSELVI, J
Maya
W.P. No. 5369 of 2021
Dated : 22.06.2021
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