Writ petition filed to direct respondents to remove unauthorized construction in a building deviating from an approved plan. Court directed authorities to complete enforcement action within eight weeks.
Respondents directed to complete enforcement action to remove unauthorized construction within eight weeks.
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W.P.No.6320 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 15.09.2023
CORAM
THE HON'BLE MRS. JUSTICE J.NISHA BANU AND THE HON'BLE MRS. JUSTICE N .MALA
W.P.No. 6320 of 2022 and W.M.P.Nos.6410 and 6421 of 2022
vs
CMDA, Thalamuthu Natarajan Building, No.1, Gandhi Irwin Road, Egmore, Chennai - 600 008.
3.The Tahsildar, Office of Tahsildar, Kundrathur 600 069 Kancheepuram District.
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W.P.No.6320 of 2022
4.The Commissioner, Kunrathur Panchayat Union, Padappai, Chennai 602 301.
5.The Block Development Officer, Kunrathur Panchayat Union, Padappai, Chennai 602 301.
7.Prasanna. ....Respondents
PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus to direct the respondents 1 to 6 herein to take necessary action to remove the unauthorized construction made by the 7th respondent herein in the building No.R1, Kani Villas, Tharapakkam Salai Gerugambakkam Village Kundrathur Taluk Kancheepuram District Chennai-600 128 which is built against the approved Planning Permit No.0390/2017 in DDis No. 0508/2020/7/A3 issued by the Commissioner of Kundrathur Panchayat union at Padappai for the property of an extent of 3647 Sq. Ft. of land in Survey No.437/3A1 of Gerugambakkam Village by considering the petitioners representation dated 12.04.2021 and reminder dated 04.03.2022
For Petitioner : Mr.V.R.Appaswamee For Respondents : Mr.R.Thamaraiselvan for R1 Standing Counsel Mr.P.Gurunathan for R2 and R3 Additional Government Pleader Mr.E.Vijay Ananad for R4 and R5 Additional Government Pleader Mr.C.Selvaraj for R6 Additional Government Pleader No appearance for R7
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W.P.No.6320 of 2022
ORDER
(Order of the Court was made by J.Nisha Banu,J.)
This writ petition has been filed to direct the respondents 1 to 6 herein to take necessary action to remove the unauthorized construction made by the 7th respondent herein in the building No.R1, Kani Villas, Tharapakkam Salai Gerugambakkam Village Kundrathur Taluk Kancheepuram District Chennai-600 128 which is built against the approved Planning Permit No.0390/2017 in DDis No. 0508/2020/7/A3 issued by the Commissioner of Kundrathur Panchayat union at Padappai for the property to an extent of 3647 Sq. Ft. of land in Survey No.437/3A1 of Gerugambakkam Village by considering the petitioners representation dated 12.04.2021 and reminder dated 04.03.2022.
the 7th respondent started an unauthorised construction in third floor of the villa situated at No.R1, Kani Villas, Tharapakkam Salai Gerugambakkam Village Kundrathur Taluk, Kancheepuram District Chennai-600 128 by deviating approved plan. Therefore, the petitioner sent a representation dated 12.04.2021 to the Competent Authorities to
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W.P.No.6320 of 2022
stop the work and to remove the unauthorised construction made by the 7th respondent. However, no action has been taken to remove the unauthorised construction. Hence, the present writ petition.
7th respondent.
directed to take appropriate action by giving opportunity to all the parties concerned and complete the enforcement action, within a period of eight(8) weeks from the date of receipt of a copy of this order.
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W.P.No.6320 of 2022
No costs. Consequently, connected miscellaneous petitions are closed.
(J.N.B,J.) (N.M., J.) 15.09.2023
msv
Index:Yes/No Internet:Yes/No Speaking order: Non-speaking order
To 1.The Member Secretary CMDA, Thalamuthu Natarajan Building, No.1, Gandhi Irwin Road, Egmore, Chennai - 600 008. 2. The District Collector Office of District Collector, Kancheepuram - 631501 3.The Tahsildar, Office of Tahsildar, Kundrathur 600 069 Kancheepuram District. 4.The Commissioner, Kunrathur Panchayat Union, Padappai, Chennai 602 301. 5.The Block Development Officer, Kunrathur Panchayat Union, Padappai, Chennai 602 301. 6. The Village Panchayat President, Page 5/7
W.P.No.6320 of 2022
Gerugambakkam Panchayat, Gerugambakkam,Chennai - 600 128.
J. NISHA BANU, J. and N.MALA,J.
msv
W.P.No. 6320 of 2022 and W.M.P.Nos.6410 and 6421 of 2022
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W.P.No.6320 of 2022
15.09.2023
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1 issue framed by the court
Whether the competent authorities are directed to remove unauthorized construction built against an approved planning permit.
P.Rajesh
Josline Mary
The Member Secretary, CMDA
The District Collector, Kancheepuram
The Tahsildar, Kundrathur
The Commissioner, Kunrathur Panchayat Union
J.Nisha Banu
N.Mala
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
