Madras High Court
Mrs. Chandrakala … vs The State Of Tamil Nadu on 21 September, 2022
W.P. No. 540 of 2018
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 21.09.2022
CORAM
THE HON'BLE MR. JUSTICE T. RAJA
AND
THE HON'BLE MR. JUSTICE P.D. AUDIKESAVALU
W.P. No. 540 of 2018
and
W.M.P. Nos. 650 and 9025 of 2018 and 30953 of 2019
Mrs. Chandrakala … Petitioner
-vs-
1. The State of Tamil Nadu,
rep. by its Secretary to Government,
Housing and Urban Development Department,
Secretariat,
St. Fort George,
Chennai – 600 009.
2. The Chennai Metropolitan Development Authority,
rep. by its Member Secretary,
No. 1, Gandhi Irwin Road,
Egmore,
Chennai – 600 008.
3. The Assistant Commissioner,
Corporation of Chennai,
Regional Office,
Zone – 9, Valluvarkottam,
Chennai – 600 034. ... Respondents
Writ Petition filed under Article 226 of the Constitution of India, 1950,
praying to issue a Writ of Certiorari, calling for the records pertaining to the
impugned notice dated 02.01.2018 in Letter No. ES1/8834/2014 issued by the
2nd respondent and quash the same as illegal.
https://www.mhc.tn.gov.in/judis
1/4
W.P. No. 540 of 2018
For Petitioner : Mr. S.Kumaresan
For Respondents : Mr. M.Geetha Thamaraiselvan,
Special Government Pleader (for R1)
Mr. C.N.Vinobha (for R2)
Mr. D.B.R.Prabhu (for R3)
ORDER
(Judgment of the Court was made by T.RAJA, J.)
The writ petition has been filed Mrs. Chandrakala challenging the
impugned notice dated 02.01.2018 directing the petitioner therein to de-occupy
the building in Door No. 245, R.K. Mutt Road in R.S. No. 3346/13, 33471 & 4,
Block No. 57 of Mylapore Village.
2. During the pendency of this writ petition, the petitioner has filed
special revision petition under Section 81 of the Tamil Nadu Town and Country
Planning Act, 1971, which was dismissed by the 1 st respondent by G.O. (Ms)
No. 67, Housing and Urban Development (UD1) Department dated 24.05.2019
with the following directions:-
“12. In view of the unauthorized usage and deviation to the
approve plan in the building at Door No. 245/1, R.K.Mutt Road,
Mylapore, Chennain in R.S. No. 3346/13, 3347/4 & 3351, Block
https://www.mhc.tn.gov.in/judis
W.P. No. 540 of 2018
No. 67, Mylapore Village, Chennai – 600 004 the Government
directs the Chennai Metropolitan Development Authority to take
suitable follow up action against the building under reference.”
3. In view of the above, the writ petition is dismissed as infructuous.
Consequently, the connected miscellaneous petitions are closed. No costs.
(T.R., J.) (P.D.A., J.)
21.09.2022
vjt
Index: Yes/No
To
1. The Secretary to Government of Tamil Nadu,
Housing and Urban Development Department,
Secretariat,
St. Fort George,
Chennai – 600 009.
2. The Member Secretary,
Chennai Metropolitan Development Authority,
No. 1, Gandhi Irwin Road,
Egmore,
Chennai – 600 008.
3. The Assistant Commissioner,
Corporation of Chennai,
Regional Office,
Zone – 9, Valluvarkottam,
Chennai – 600 034.
https://www.mhc.tn.gov.in/judis
W.P. No. 540 of 2018
T.RAJA, J.
AND
P.D. AUDIKESAVALU, J.
vjt
W.P. No. 540 of 2018
21.09.2022
https://www.mhc.tn.gov.in/judis
