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A. Shakila Banu v/s The Assistant Engineer, Greater Chennai Corporation, Gopalapuram, Chennai & Others

    W.P. No. 27928 of 2017

    Decided On, 07 January 2019

    At, High Court of Judicature at Madras

    By, THE HONOURABLE MR. JUSTICE M. VENUGOPAL & THE HONOURABLE MR. JUSTICE R. PONGIAPPAN

    For the Petitioner: T. Susindaran, Advocate. For the Respondents: R1 & R2, R. Arunmozhi, R3, Karthick Ragan, R4, T.K.S. Gandhi, Advocates, R5, No appearance.



Judgment Text

(Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus to direct the respondents 1 to 3 to take action against the Respondents 4 and 5 by preventin

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g them from proceeding with the illegal and unlawful construction over the terrace portion of the building bearing Old Door No.78, New Door No.36, Cathedral Road, Gopalapuram, Chennai-86 and demolish the same forthwith.)

M. Venugopal, J.

The Petitioner has filed the above Writ Petition praying for issuance of a Writ of Mandamus to direct the respondents 1 to 3 to take action against the Respondent Nos.4 and 5 by preventing them from proceeding with the illegal and unlawful construction over the terrace portion of the building bearing Old Door No.78, New Door No.36, Cathedral Road, Gopalapuram, Chennai-86 and demolish the same forthwith.

2. It is represented by the Learned Counsel appearing for the Respondent Nos.1 and 2 that the appeal under Section 80-A of the Tamil Nadu Town and Country Planning Act, 1971, preferred by the Fourth Respondent, before the Government, was rejected on 03.01.2019. As a matter of fact, the Commissioner of Greater Chennai Corporation was directed to pursue action accordingly.

3. In view of the foregoing, this Court directs the Commissioner of Greater Chennai Corporation as well as the Respondent Nos.1 and 2 to pursue further course of action as per the provisions of the Tamil Nadu Town and Country Planning Act, 1971, coupled with the Building Rules and Regulations, within a period of four weeks from the date of receipt of a copy of this order. If the Commissioner of Greater Chennai Corporation as well as the Respondent Nos.1 and 2 fail to take further course of action as per the order passed by the Government in the said proceedings under Section 80-A of the said Act, then, it is open for the Petitioner to initiate necessary Contempt Proceedings, of course, in the manner known to Law and in accordance with Law.

4. In the upshot, this Court closes the present Writ Petition, as nothing further survives for adjudication. There is no order as to costs.
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