Petitioner sought writ to direct authorities to act against construction deviation by neighbors. Court accepted status report confirming deviation was rectified to within permissible limits. Held no further adjudication necessary and Writ Petition closed.
The Writ Petition is 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.
W.P.No.18313 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 14.09.2023
CORAM
THE HON'BLE MRS. JUSTICE J.NISHA BANU AND THE HON'BLE MRS. JUSTICE N.MALA
W.P.No. 18313 of 2023
M/s.Kishore Kumar Gokaldas HUF Marble Arch, Ground Floor No.5, Bishop Wallers Avenue East, Mylapore, Chennai - 600004. .....Petitioner
vs
1.The Secretary to Government Housing and Urban Development Department Secretariat, Fort St. George, Chennai 600 009.
3.Zonal Executive Engineer (Zone XII) No.1, New Street, Alandur, Chennai - 600 016.
4.Shirley Devaraj
5.Satsh Devaraj ....Respondents
Page 1/7
W.P.No.18313 of 2023
PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, to direct the 2nd respondent to take appropriate action in pursuant to 1st respondent's final order bearing No.8363/UD-VII(1)/2022-5 dated 18.08.2022 and letter dated 24.02.2023 bearing letter No.EC/S-II/5423/2022 issued by CMDA to the 2nd respondent and further take appropriate action under the Town and Country Planning Act, 1971 against the 4th and 5th respondent's building in the subject property at Survey No.27/11A.
For Petitioner : Mr.B.Deepak Narayanan For Respondents : Mr.E.Vijay Anand for R1 Additional Government Pleader Mr.D.B.R.Prabhu for R2 and R3 Standing Counsel
Page 2/7
W.P.No.18313 of 2023
ORDER
(Order of the Court was made by N.Mala,J.)
This writ petition has been filed to direct the 2nd respondent to
take appropriate action in pursuant to 1st respondent's final order bearing No.8363/UD-VII(1)/2022-5 dated 18.08.2022 and letter dated 24.02.2023 bearing letter No.EC/S-II/5423/2022 issued by CMDA to the 2nd respondent and further take appropriate action under the Town and Country Planning Act, 1971 against the 4th and 5th respondent's building in the subject property situated at Survey No.27/11A.
Page 3/7
W.P.No.18313 of 2023
4. The petitioner got notified that the respondents 4 and 5 had challenged the letter dated 12.05.2022, issued by the 3rd respondent by way of a Revision Petition before the Hon'ble Secretary to Government, Housing and Urban Development. The first respondent had passed a final order bearing Letter No.8363/UD-VII (1)/2022-5 dated 18.08.2022 directing the 4th and 5th respondents to rectify the deviation within a period of 30 days and further directed the 2nd respondent to inspect the
Page 4/7
W.P.No.18313 of 2023
premises. Pursuant to the said order, no action was taken by the 4th and 5th respondents. Aggrieved by the same, the present writ petition is filed.
5. When the matter came up for hearing on 22.08.2023, this Court had directed the learned Standing Counsel appearing for Greater Chennai Corporation to file fresh status report by mentioning the rectifications of the deviations.
6. In pursuance to the said order of this Court, the 3rd respondent filed the fresh status report, stating that, the inspection was conducted after due notice to all the parties concerned and the excessive projection was cut down and the deviation was partially rectified from 57.72 Sq.mt to 0.46 sq.m as per the revised plan and this minor deviation falls within the purview of Government limits and norms as per the Tamilnadu Combined Development and buildings Rules 2019. After rectification of the deviations, the new revised plan was approved vide Building plan No.BA/WDCN12/08495/2022, Plan Submission No.PPA/WDCN12/11328/2022.
7. As the status report categorically states that the deviation has
Page 5/7
W.P.No.18313 of 2023
been rectified and the building is as per the revised approved plan, we are
inclined to accept the Status Report dated 07.09.2023.
8. In view of the above discussion, since the deviation is rectified
and the building is as per the approved plan, no further adjudication is necessary in this writ petition.
9. Accordingly, this Writ Petition is closed. No costs.
(J.N.B,J.) (N.M., J.) Index : Yes / No 14.09.2023 msv To 1.The Secretary to Government Housing and Urban Development Department Secretariat, Fort St. George, Chennai 600 009.
3.Zonal Executive Engineer (Zone XII) No.1, New Street, Alandur, Chennai - 600 016.
J. NISHA BANU, J.
and
Page 6/7
W.P.No.18313 of 2023
N.MALA,J.
msv
W.P.No. 18313 of 2023
14.09.2023
Page 7/7
1 issue framed by the court
Whether the Writ Petition can be closed on the finding that respondents 4 and 5 have rectified the construction deviation and complied with the revised approved plan.
2 provisions across 1 enactments
M/s.Kishore Kumar Gokaldas HUF
Secretary to Government Housing and Urban Development Department
The Commissioner The Greater Chennai Corporation
Zonal Executive Engineer (Zone XII)
Shirley Devaraj
Satsh Devaraj
J.Nisha Banu
N.Mala
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
