This writ petition sought a mandamus against the Greater Chennai Corporation for inaction regarding unauthorized construction. Relying on the respondent corporation's unconditional assurance to take immediate action, the Court disposed of the petition without adjudication.
Petition disposed without adjudication; connected miscellaneous petition closed; no costs.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 13.04.2022
CORAM
THE HONOURABLE MR.JUSTICE T.RAJA and THE HONOURABLE MR.JUSTICE S.SOUNTHAR
W.P.No.9348 of 2022 and WMP.No.9100 of 2022
-vs-
Writ Petition filed under Article 226 of the Constitution of India seeking for issuance of a Writ of Mandamus, directing the respondents 1 to 3 herein to take action against the
unauthorized construction put up by the respondents 4 to 8 in the premises bearing Old Door No.17 and 20, New Door No.41, Thandavachari Street, Purasawalkkam, Chennai-600 007, comprised in Old Survey No.1057, R.S.No.1448/1 and C.C.No.2387 and the total extent is 1587 sq.ft. in terms of the notice dated 18.03.2022 in Notice No.Zone VIII/TPENF/425/2022.
For Petitioners : Ms.A.Anuradha For Respondents : Mr.K.Raja Shrinivas 1 to 3
ORDER
(Order of the Court was made by T.RAJA, J.)
This Writ Petition has been filed seeking to issue a Writ of Mandamus, directing the respondents 1 to 3 herein to take action against the unauthorized construction put up by the respondents 4 to 8 in the premises bearing Old Door No.17 and 20, New Door No.41, Thandavachari Street, Purasawalkkam, Chennai-600 007, comprised in Old Survey No.1057, R.S.No.1448/1 and C.C.No.2387 to a total extent of 1587 sq.ft. in terms of the notice dated 18.03.2022 in Notice No.Zone VIII/TPENF/425/2022.
based on the said complaint, the respondents 2 and 3 made a spot inspection on the site and thereafter issued a notice dated 18.03.2022 to the respondents 4 to 8 under Sections 57 and 58 read with 85 of the Tamil Nadu Town and Country Planning Act. But thereafter, no action has been taken. Therefore, the petitioners have been advised to come to this Court.
Sd/-
Assistant Registrar(CS V)
//True Copy//
Sub Assistant Registrar
tsi
To
W.P.No.9348 of 2022
JPL(CO)
CT 28/04/2022
2 issues framed by the court
Whether the writ petition seeking direction to respondents 1 to 3 to take action regarding unauthorized construction requires adjudication of complex property disputes.
Whether the respondent corporations have issued a notice granting time for representation before taking further action.
1 provisions across 1 enactments
C.K.Baskaran and others
The Commissioner, Greater Chennai Corporation
The Assistant Engineer, Zone-VIII
The Assistant Executive Engineer, Zone-VIII
Indrani Ammal and others
T.RAJA
S.SOUNTHAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
