Partly allowed

Kavitha v. the Member Secretary

Madras HC26 Sept 2023WP/21989/2023

Case brief

AI extract

What is this about?

Petitioner sought mandatory direction to enforce action against illegal construction by 4th respondent. Court impleaded State Secretary pending appeal. Ordered disposal of appeal within 8 weeks; stayed coercive action until then. Petition disposed.

What did the court decide?

5th respondent to dispose of Section 80-A appeal within 8 weeks; respondents 1, 2, 3 to refrain from coercive action.

Kavitha Vs the Member Secretary — Landlord and Tenant | Madras HC (2023)

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W.P.No.21989 of 2023

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 26.09.2023

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CORAM

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THE HONOURABLE Mrs. JUSTICE J.NISHA BANU AND THE HONOURABLE Mrs.JUSTICE N.MALA

W.P.No.21989 of 2023

Kavitha

.... Petitioner

The Member Secretary, Chennai Metropolitan Development Authority, Thalamuthu Natarajan Building No.1, Gandhi Irwin Road, Egmore, Chennai- 600 008.

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The Principal Secretary / Commissioner, Greater Chennai Corporation, Rippon Building, Chennai- 600 003.

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The Zonal Executive Engineer, (Zone-VI) Greater Corporation Chennai, No.5, Anderson Road, Ayanavaram, Chennai- 600 023.

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A.Selvakumar

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5.The State of Tamil Nadu, Rep by its Secretary, Housing and Urban Development Department,

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Page: 1/7

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

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W.P.No.21989 of 2023

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Fort St.George, Chennai- 600 009.

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(R5 Suo Moto impleaded as per order of this Court dated 26.09.2023 in W.P.No.21989 of 2023)

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...Respondents

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Prayer: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus Directing the 2nd and 3rd respondents to take necessary enforcement action against the illegal construction put up by the 4th respondent based on the direction given by the 1st respondent vide Letter No.EC/ N-I/ 16096 / 2022 dated 23.11.2022 and submit report within the time stipulated by this Court.

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For Petitioner : Mr.R.Prakalathan

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For Respondents : Mr.C.N.Vinobha for R1 Mr.E.C.Ramesh for RR2 & 3 Mr.L.Dhamodaran for R4

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Mr.P.Gurunathan, Additional Government Pleader, for impleading party R5

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ORDER

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(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

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direct the 2nd and 3rd respondents to take necessary enforcement action against the illegal construction put up by the 4th respondent based on

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the direction given by the 1st respondent vide Letter No.EC/ N-I/ 16096

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

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Page: 2/7

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W.P.No.21989 of 2023

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/ 2022 dated 23.11.2022 and submit report within the time stipulated by

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this Court.

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The petitioner is the owner of the property situated at No.95/2, Palani Aandavar Koil Street, Ayanavaram, Chennai-600 023. The petitioner averred that the 4^th respondent, without planning permission from the 1^st respondent had illegally constructed Ground plus 3 floors in the adjacent property. In this regard, the petitioner has given a complaint to the 1^st respondent on 12.07.2022. However, no action was taken as against the said illegal construction. The petitioner therefore, preferred another complaint to the respondents on 07.09.2022. Since no action was taken by the respondents, the petitioner has filed the above writ petition with the aforesaid relief.

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This Court directed respondents 2 and 3 to file status report on 09.08.2023. Accordingly Respondents 2 and 3 filed status report stating that the 3^rd respondent officials visited the site on 26.08.2023; since the building constructed by the 4^th respondent was treated as unauthorised construction, action was taken up by issuing Lock and Seal and Page: 3/7

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

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W.P.No.21989 of 2023

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Demolition Notice dated 26.08.2023; after 30 days from the Lock and Seal notice; De-occupation notice will be issued on 28.09.2023.

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The 4^th respondent filed a counter stating that superstructure was constructed. However, after receipt of the notice dated 26.08.2023, the 4^th respondent submitted an appeal under Section 80-A before the Authority and the same is pending for consideration.

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Since the appeal under Section 80-A is pending, this Court suo motu implead “The Secretary to Government, Housing and Urban Development Department, Fort St. George, Chennai-600 009” as a party respondent in this writ petition.

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Considering the facts and circumstances of the case and that the appeal filed under Section 80-A is pending before the Secretary to Government, Housing and Urban Development Department, Fort St.George, Chennai- 600 009, the 5^th respondent is directed to dispose of the appeal filed by the 4^th respondent within a period of eight (8) weeks from the date of receipt of copy of this order. Till such time, the Page: 4/7

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

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W.P.No.21989 of 2023

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respondents 1, 2 and 3 shall not take any coercive action against the building in question.

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The Writ Petition is disposed of with the above directions. There

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shall be no order as to costs.

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

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26.09.2023

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Index : Yes / No Speaking Order :Yes/No Neutral citation : Yes / No dsn

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Note :

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Registry is directed to carryout necessary amendment in the cause title in this W.P.

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

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Page: 5/7

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W.P.No.21989 of 2023

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The Member Secretary, Chennai Metropolitan Development Authority, Thalamuthu Natarajan Building No.1, Gandhi Irwin Road, Egmore, Chennai- 600 008.

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The Principal Secretary / Commissioner, Greater Chennai Corporation, Rippon Building, Chennai- 600 003.

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The Zonal Executive Engineer, (Zone-VI) Greater Corporation Chennai, No.5, Anderson Road, Ayanavaram, Chennai- 600 023.

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The Secretary to Government, Housing and Urban Development Department, Fort St.George, Chennai- 600 009.

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

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Page: 6/7

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W.P.No.21989 of 2023

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

dsn

W.P.No.21989 of 2023

26.09.2023

https://www.mhc.tn.gov.in/judis Page: 7/7

Kavitha v. the Member Secretary

Case brief

What is this about?

What did the court decide?

Kavitha v. the Member Secretary

Case brief

What is this about?

What did the court decide?

What the court decided

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