Madras High Court
P.S.Srinivasan vs The Commissioner on 28 March, 2023
W.P.No.14331 of 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 28.03.2023
CORAM:
THE HONOURABLE MS.JUSTICE V.M.VELUMANI
and
THE HONOURABLE MR. JUSTICE V.LAKSHMINARAYANAN
Writ Petition No.14331 of 2019 and
W.M.P.Nos.14392 to 14394 of 2019
P.S.Srinivasan .. Petitioner
Vs.
1.The Commissioner,
Greater Chennai Corporation,
Ripon Building,
Chennai – 600 003.
2.The Assistant Executive Engineer,
Greater Chennai Corporation,
Zone-9, Chennai.
3.Zonal Officer,
Zone-IX,
Teynampet,
No.4, 4th Cross Street,
Lake View Road,
Chennai – 600 034.
4.The Executive Engineer,
Greater Chennai Corporation,
Zone-9, Chennai.
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W.P.No.14331 of 2019
5.The Chennai Metropolitan Development Authority,
rep. by its Member Secretary,
Thalamuthu Natarajan Maligai,
Gandhi Irwin Road,
Egmore, Chennai – 600 008.
6.The Assistant Engineer,
TANGEDCO,
Dr.Radhakrishnan Salai,
Mylapore,
Chennai – 600 004.
7.Sri Sundara Vinayagar,
Sri Selva Vinayagar and
Sri Anjaneyar Devasthanam,
No.87, Royapettah High Road,
Mylapore,
Chennai – 600 004.
8.M.Loganathan .. Respondents
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 5 to demolish and permanently remove the illegal,
unsanctioned and un-authorised construction carried out by the 8th
respondent at No.17/39, Veeraperumal Koil Street, Mylapore, Chennai –
600 004.
For Petitioner : Mr.J.Stanlin
For R1 to R4 : Mr.A.C.Manibharathi
For R5 : Mr.R.Sivakumar
Standing Counsel
For R6 : Mr.L.Jai Venkatesh
Standing Counsel
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W.P.No.14331 of 2019
For R7 : Mr.Y.Rajeevi
For R8 : Mr.Prakash Gallaney
ORDER
(Order of the Court was delivered by V.M.VELUMANI,J.)
The petitioner has come out with the present Writ Petition for a
direction to respondents 1 to 5 to demolish and permanently remove the
illegal, unsanctioned and un-authorised construction carried out by the 8th
respondent at Door No.17/39, Veeraperumal Koil Street, Mylapore,
Chennai – 600 004.
2.According to the petitioner, he is a resident of No.2/34,
Veerabadran Street, Mylapore, Chennai-600 004. The 7th respondent
owns various properties in the said locality and leased out the same to
several persons. Originally, the property situated at Door No.17/39,
Veeraperumal Koil Street was leased out to one Narayanasamy Chettiar.
Thereafter, his son Narasimhalu Chettiar inherited the above property.
After the death of Narasimhalu Chettiar, his wife Jayalakshmiammal
inherited the property. Thereafter, one T.Duraibabu, who succeeded the
property by way of a Settlement Deed dated 24.12.1974, has filed an
Original Suit in O.S. No.2184 of 1978 before the XIX Assistant Judge,
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W.P.No.14331 of 2019
City Civil Court, Madras against one Selvanayagi Ammal and the same
has been decreed in his favour. As against the same, an Appeal Suit in
A.S. No.360 of 1988 has been filed and the same was allowed.
Challenging the above, Second Appeal No.443 of 1989 has been filed
before this Court. By judgment and decree dated 06.06.2013 in the above
Second Appeal, this Court directed the occupant, namely, Selvanayagi
Ammal to hand over the possession within a period of two months. While
so, the 8th respondent, who is no way connected with the above property,
has been putting up un-authorised construction at Door No.17/39,
Veeraperumal Koil Street, Mylapore, Chennai, without any approval and
building plan from the authorities concerned, thereby, causing air
pollution and also hardships to the general public, including the
petitioner. In this regard, the petitioner made a representation to the
official respondents requesting them to remove such illegal construction.
Since no action was taken by them, the petitioner has come out with the
present writ petition for the above stated relief.
3.Reiterating the averments made in the counter affidavit, filed by
the 8th respondent, learned counsel for the 8th respondent submitted that
due to the dispute between the petitioner and the 8th respondent, the
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W.P.No.14331 of 2019
present writ petition has been filed by the petitioner. According to the 8th
respondent, there was a constructed portion, which has been constructed
by his aunt Selvanayagi in accordance with the approved plan and she
was in occupation till her life time. The 8th respondent has only made
repairs and alterations in the said construction. According to the 8 th
respondent, he is the owner of the property and he has put up
construction, after obtaining necessary planning permission from the
authorities concerned and therefore, the learned counsel for the 8th
respondent prayed for dismissal of this petition.
4.A counter affidavit has been filed by the 7th respondent. Learned
counsel for the 7th respondent submitted that the 7th respondent is not the
owner of the property and he is no way connected with the said property.
5.Heard the learned counsel appearing for the petitioner, learned
counsel appearing for respondents 1 to 4, learned Standing Counsel
appearing for the fifth respondent, learned Standing Counsel appearing
for the sixth respondent, learned counsel for the seventh respondent and
the learned counsel for the eighth respondent and perused the materials
on record.
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W.P.No.14331 of 2019
6.From the materials on record, it is seen that the petitioner has
stated that the 8th respondent has made un-authorised construction in the
property situated at Door No.17/39, Veeraperumal Koil Street, Mylapore,
Chennai-600 004, without any approval from the competent authority. It
is the case of the petitioner that the 8th respondent, who is not a lessee to
the above property, is no way connected to the above property and the
illegal construction put up by him is without any approval from the
authorities concerned. Further, the petitioner has made various averments
with regard to title of the property.
7.It is the case of the 8th respondent that his aunt Selvanayagi has
constructed a portion in the above property in accordance with the
approved plan and she was in occupation till her life time and he has
made only repairs and alterations in the said construction.
8.Considering the nature of relief sought for in the Writ Petition,
without deciding the issue with regard to title of the property, this Court
directs respondents 1 to 5 to inspect the property in question and also the
other properties in the said street in S.No.1696/1 after issuing notice to
the petitioner as well as 8th respondent and the occupiers/owners of the
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W.P.No.14331 of 2019
property in question, within a period of two weeks from the date of
receipt of a copy of this order and if there is any un-authorised
construction, take action against the 8th respondent, within a period of
four weeks thereafter.
9.With the above directions, the Writ Petition is disposed of. No
costs. Consequently, connected Miscellaneous Petitions are closed.
(V.M.V., J) (V.L.N., J)
28.03.2023
Index : Yes / No
Neutral Citation : Yes / No
vga
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W.P.No.14331 of 2019
V.M.VELUMANI,J.
and
V.LAKSHMINARAYANAN,J.
vga
To
1.The Commissioner,
Greater Chennai Corporation,
Ripon Building,
Chennai – 600 003.
2.The Assistant Executive Engineer,
Greater Chennai Corporation,
Zone-9, Chennai.
3.Zonal Officer,
Zone-IX,
Teynampet,
No.4, 4th Cross Street,
Lake View Road,
Chennai – 600 034.
4.The Executive Engineer,
Greater Chennai Corporation,
Zone-9, Chennai.
5.The Chennai Metropolitan Development Authority,
rep. by its Member Secretary,
Thalamuthu Natarajan Maligai,
Gandhi Irwin Road,
Egmore, Chennai – 600 008.
6.The Assistant Engineer,
TANGEDCO,
Dr.Radhakrishnan Salai,
Mylapore,
Chennai – 600 004.
Writ Petition No.14331 of 2019 and
W.M.P. Nos.14392 to 14394 of 2019
28.03.2023
https://www.mhc.tn.gov.in/judis
