Partly allowed

Mrs.Mumtaj, v. The Commissioner

Madras HC11 Sept 2023WP/11715/2020

Case brief

AI extract

What is this about?

Writ petition filed for demolition of unauthorised structure. Court held appeal under Section 79 not maintainable without prior application under Section 49. Liberty granted to file Section 49 application; authorities directed to decide within eight weeks. Petition dismissed thereafter.

What did the court decide?

Liberty granted to file application u/s 49 TN Town and Country Planning Act; 1st respondent directed to decide within 8 weeks. Writ petition disposed of.

Mrs.Mumtaj, Vs The Commissioner — Land Acquisition | Madras HC (2023)

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W.P.No.11715 of 2020

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 11.09.2023

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CORAM

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THE HONOURABLE Mrs. JUSTICE J.NISHA BANU AND

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THE HONOURABLE Mrs.JUSTICE N.MALA

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W.P.No.11715 of 2020

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and

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W.M.P.Nos.14412, 14404, 14407 & 14752 of 2020

Mumtaj

.... Petitioner

The Commissioner, Greater Chennai Corporation, Ripon Building,

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Chennai - 600 003.

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The Chennai Metropolitan Development Authority, rep. by tis Member Secretary, No.8, Gandhi Irwin Road,

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Chennai - 600 008.

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The Zonal Officer, Zone-XII, Greater Chennai Corporation, Alandur,

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Chennai -16.

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The Assistant Executive Engineer, Office of the Assistant Engineer/O & M /Nanganallur, 33 KV Nanganalur SS Complex, TANGEDCO, Nanganallur,

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Chennai - 600 061.

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1/6

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https://www.mhc.tn.gov.in/judis

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W.P.No.11715 of 2020

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The Area Engineer, Zone-XII, Depot-166, Chennai Metropolitan Wter Supply and Sewerage Board, No.1. New Street. Alandur, Chennai-16.

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P.Ganesan s/o K.Periyasamy ...Respondents

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Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus to direct the 1st and 2nd respondents to take action for demolishing and illegal construction put up over the property bearing No.6A/15A, 18th Street, B.V.Nagar, Nanganallur, Chennai -61 measuring an extent of 1012 sq.ft. comprised of Survey No.124, Town Survey no.328/3, Wward No.C, Block No.2, to an extent of 10.12 sq.ft. in Thalakanacherry Village, Alandur taluk, Chennai District by 6th respondent and to prosecute him for the said illegal construction and to restore it to original position.

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For Petitioner : Mr.K.Koteswara Rao For Respondents : Mr.E.C.Ramesh, Standing Counsel for R1, R3, R4 & R5 Mr.V.Sudalaiselvam, Standing Counsel for R2 Mr.T.Madhusudhar Reddy for R6

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W.P.No.11715 of 2020

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O R D E R

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(The Order of the Court was made by J.Nisha Banu,J)

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This Writ Petition has been filed to issue a Writ of Mandamus to direct the 1st and 2nd respondents to take action for demolishing the illegal construction put up over the property bearing No.6A/15A, 18th Street, B.V.Nagar, Nanganallur, Chennai-61, measuring an extent of 1012 sq.ft. comprised of Survey No.124, Town Survey no.328/3, Ward No.C, Block No.2, to an extent of 10.12 sq.ft. in Thalakanacherry Village, Alandur taluk, Chennai District by 6th respondent and to prosecute him for the said illegal construction and to restore it to original position.

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Admittedly, the subject building which was constructed in the year 2015 is totally an unauthorised construction. Since the building itself is totally unauthorised, the authorities have initiated action and the building is now under lock and seal. Further, though it is stated that the petitioner has filed an appeal under Section 79 of the Tamilnadu Town and Country Planning Act, it is not maintainable as the same can be filed only if a person is aggrieved by any decision or order of the planning authority under section 49. The petitioner has not filed an application under section 49 seeking permission. Therefore, without averting anything on the merits of the

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W.P.No.11715 of 2020

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matter, liberty is given to the petitioner to file an application under section 49 of the Tamil Nadu Town and Country Planning Act, 1971. On receipt of the said application, the 1st respondent is directed to pass orders on the same within a period of eight weeks from the date of receipt of a copy of the application. The Writ Petition is disposed of accordingly. No costs. Consequently, connected miscellaneous petitions are closed.

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(J.N.B.,J.) (N.M.,J.) 11.09.2023

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Index:Yes/No Speaking/Non-speaking order vsi

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The Commissioner, Greater Chennai Corporation, Ripon Building, Chennai - 600 003.

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The Chennai Metropolitan Development Authority, rep. by tis Member Secretary, No.8, Gandhi Irwin Road, Chennai - 600 008.

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The Zonal Officer, Zone-XII, Greater Chennai Corporation, Alandur, Chennai -16.

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4/6

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https://www.mhc.tn.gov.in/judis

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The Assistant Executive Engineer, Office of the Assistant Engineer/O & M /Nanganallur, 33 KV Nanganalur SS Complex, TANGEDCO, Nanganallur, Chennai - 600 061.

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W.P.No.11715 of 2020

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The Area Engineer, Zone-XII, Depot-166, Chennai Metropolitan Water Supply and Sewerage Board, No.1. New Street, Alandur, Chennai-16.

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5/6 https://www.mhc.tn.gov.in/judis

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W.P.No.11715 of 2020

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J.NISHA BANU,J. and N.MALA,J.

vsi

W.P.No.11715 of 2020

11.09.2023

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Mrs.Mumtaj, v. The Commissioner

Case brief

What is this about?

What did the court decide?

Mrs.Mumtaj, v. The Commissioner

Case brief

What is this about?

What did the court decide?

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