Madras High Court
South Indian Cine Television ... vs The Member Secretary To ... on 13 June, 2023
W.P.No.16976 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 13.6.2023
CORAM
THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR
AND
THE HONOURABLE MR.JUSTICE P.DHANABAL
W.P..No.16976 of 2023
South Indian Cine Television Artists and
Dubbing Artists Union
Rep. by its General Secretary. ... Petitioner
Vs.
1. The Member Secretary to Government,
Housing and Urban Development,
Secretariat, Fort St.George,
Chennai 600 009.
2. The Additional Secretary (Technical)
Housing and Urban Development
Secretariat, Fort St. George,
Chennai 600 009.
3. The Commissioner,
Greater Chennai Corporation,
Rippon Buildings, Chennai 600 003.
4. The Executive Engineer,
Town Planning Section – Kodambakkam,
Zone 10, Greater Chennai Corporation,
No.64, N.S.K. Salai, Chennai – 600 026.
5. The Member Secretary
Chennai Metropolitan Development Authority,
Egmore, Chennai 600 008. ... Respondents
https://www.mhc.tn.gov.in/judis
1/4
W.P.No.16976 of 2023
Writ petition filed under Article 226 of the Constitution of India,
praying for the issuance of a Writ of Mandamus, directing the respondents to
de-seal the premises situate at door No.10/3 Vijayaraghavapuram, 4th Street,
Saligramam, Chennai – 600 093 permanently for the purpose of demolition as
per the demolition permission granted by the 4th respondent in his proceedings
in W.D.C.No.DA/WDCN10/00313/2023 dated 15.5.2023 and for re-construction
of new building in the aforesaid premises.
For Petitioner : Mrs.Dakshayani Reddy
Sr. Counsel for Mr.K.Manikandan
For Respondents 1&2 : Mr.A.Selvendran, Spl.G.P.
For Respondents 3 & 4 : Mr.D.B.R.Prabhu,
Standing Counsel
For Respondent No.5 Mr.R.Sivakumar
Standing Counsel
*****
ORDER
(Order of the Court was delivered by D.KRISHNAKUMAR, J.)
As directed by this Court by its order dated 8.6.2023, the fourth
respondent has filed status report before this Court stating that the fourth
respondent accorded permission to the petitioner to demolish the building in
question vide W.D.C. No.DA/WDCN10/00313/2023 dated 15.5.2023. It is
further stated in the report that the petitioner shall give an undertaking that
after de-sealiing the building in question, the petitioner will demolish the
building within a fixed time frame and till such time, the petitioner should not
utilize the building for any other purpose.
2. The petitioner has filed an undertaking affidavit stating that
the after de-sealing the premises by the respondents, the petitioner would
https://www.mhc.tn.gov.in/judis
W.P.No.16976 of 2023
commence and complete the entire demolition work within six months from the
date of de-sealing and further, the petitioner undertakes that till such time,
the petitioner would not utilize the building for any other purpose.
3. The learned Standing counsel appearing for the respondent
Corporation submits that the petitioner has sought for long time i.e. six months
for demolition work and stated that reasonable time may be granted by this
Court.
4. Recording the undertaking affidavit filed by the petitioner, the
fourth respondent shall de-seal the premises. Having regard to the status
report filed by the fourth respondent, undertaking affidavit filed by the
petitioner and the submission made by the learned Standing counsel appearing
for the respondent, this Court is inclined to grant three months time to the
petitioner to complete the entire demolition work in the existing building and
till such time, the building in question shall not be used for any other purpose.
5. The Writ petition stands disposed of with the above directions.
No costs.
(D.K.K.J. ) (P.D.B.J.)
13.6.2023
https://www.mhc.tn.gov.in/judis
W.P.No.16976 of 2023
D.KRISHNAKUMAR, J
AND
P.DHANABAL, J.
vaan
Speaking/Non Speaking order
Index: Yes
vaan
To
1. The Member Secretary to Government,
Housing and Urban Development, Secretariat, Fort St.George,
Chennai 600 009.
2. The Additional Secretary (Technical)
Housing and Urban Development, Secretariat, Fort St. George,
Chennai 600 009.
3. The Commissioner,
Greater Chennai Corporation, Rippon Buildings, Chennai 600 003.
4. The Executive Engineer,
Town Planning Section – Kodambakkam, Zone 10, Greater Chennai
Corporation, No.64, N.S.K. Salai, Chennai – 600 026.
5. The Member Secretary
Chennai Metropolitan Development Authority, Egmore, Chennai 600 008.
W.P.No.16976 of 2023
and W.M.P.No.650 of 2020
Dated: 13.6.2023
https://www.mhc.tn.gov.in/judis
W.P.No.16976 of 2023
In the light of judgment cited supra, while considering the bonafide of the
petitioner in not disclosing the correct facts before this Court and without
obtaining planning permission from the authorities, unauthorisedly put up
construction in the said property in question, we are consciously come to the
conclusion that the petitioner is not entitled to the relief as prayed for and
accordingly, writ petition deserves to be dismissed.
https://www.mhc.tn.gov.in/judis
