Dismissed

Mrs.M.Reena v. the Commissioner

Madras HC11 Oct 2023WP/23635/2023

Case brief

AI extract

What is this about?

The High Court of Madras dealt with a writ petition seeking demolition of alleged illegal construction. The Court held that the third respondent had valid planning permission and directed them to construct the building in accordance with the sanctioned plan, leaving the Corporation to take action for any deviation.

What did the court decide?

Third respondent directed to construct the building in accordance with the sanctioned plan; no order as to costs.

Mrs.M.Reena Vs the Commissioner — Municipal and Town Planning | Madras HC (2023)

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W.P.No.23635 of 2023

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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Dated : 11.10.2023

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CORAM

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THE HON'BLE MRS.JUSTICE J.NISHA BANU AND THE HON'BLE MRS.JUSTICE N.MALA

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W.P.No.23635 of 2023

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Mrs.M.Reena … Petitioner

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Vs.

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1.The Commissioner, The Greater Chennai Corporation, Rippon Building, Park Town,

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Chennai – 600 003.

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2.The Assistant Commissioner, Zone-XIII, No.115, Dr.Muthulakshmi Salai, L.B.Road, Adyar, Chennai – 600 020.

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3.Mr.Praveen Babu … Respondents

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PRAYER : Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents 1 to 2 to take immediate steps to demolish the illegal construction put in the premises No.50/4, Narayanasamy Garden

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

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W.P.No.23635 of 2023

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First Street, R.A.Puram, Chennai – 600 028 in pursuant to the petitioner representation dated 21.07.2023 issued against the third respondent.

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For Petitioner : Mr.M.P.Saravanan Mr.Arunkumar Rajan

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For R1 & R2 : Mr.D.B.R.Prabu

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For R3 : Mr.D.Prabhu Mukunth ArunKumar for Mr.Sudhakar Raj

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O R D E R

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[Order of the Court was made by J.NISHA BANU,J.]

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This Writ Petition is filed to direct the respondents 1 to 2 to take immediate steps

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to demolish the illegal construction put up in the premises No.50/4, Narayanasamy Garden First Street, R.A.Puram, Chennai – 600 028.

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2.The learned counsel for the petitioner submitted that the petitioner is the permanent resident of No.50/4, Narayanasamy Garden First Street, R.A.Puram, Chennai – 28 and the third respondent is the owner of the building. On 21.07.2023, the petitioner sent a representation to the 1^st and 2^nd respondents to take immediate steps to demolish the illegal construction put up in the above said premises, since no action is taken on the said representation, the petitioner has filed the present writ petition.

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

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W.P.No.23635 of 2023

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3.The learned counsel for the third respondent filed counter affidavit stating that

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there is valid sanctioned plan granted by the Corporation of Chennai vide 13.12.2022 for construction of stilt plus three floors. Hence the question of demolition and reconstruction will not arise since the same is in conformity with the present planning permission.

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4.The learned counsel for the third respondent submitted that the third respondent has obtained planning permission on 16.12.2022 from the Greater Chennai Corporation and also denied the allegation made by the petitioner.

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5.In the foregoing facts and circumstances of the case, the third respondent is directed to construct the building in accordance with the sanctioned plan. If any deviation is found in the said building, the Greater Chennai Corporation is at liberty to take action as per the Rules.

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6.With the above direction, this Writ Petition stands disposed of. However, there shall be no order as to costs.

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J.N.B.J., N.M.J., 11.10.2023

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Index : yes/no

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

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W.P.No.23635 of 2023

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Internet : yes/no Speaking order/Non-speaking order ah

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1.The Commissioner, The Greater Chennai Corporation, Rippon Building, Park Town, Chennai – 600 003.

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2.The Assistant Commissioner, Zone-XIII, No.115, Dr.Muthulakshmi Salai, L.B.Road, Adyar, Chennai – 600 020.

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

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W.P.No.23635 of 2023

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J.NISHA BANU, J. & N.MALA, J.

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W.P.No.23635 of 2023

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W.P.No.23635 of 2023

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11.10.2023

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

Mrs.M.Reena v. the Commissioner

Case brief

What is this about?

What did the court decide?

Mrs.M.Reena v. the Commissioner

Case brief

What is this about?

What did the court decide?

What the court decided

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Statutes considered

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