High CourtsDivision Bench(2021) 03 MAD CK 0080

B. Nirmala Bridget vs State Of Tamil Nadu And Ors

Madras High Court · Decided on 8 March 2021

HON’BLE JUDGES
M.M. Sundresh, J · S. Ananthi, J
RESULT
Disposed Of
CASE NUMBER
Writ Petition (MD) No. 21238 Of 2019, W.M.P (MD) No. 17901, 17903 Of 2019

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Judgment

7 paragraphs · 330 words

M.M. Sundresh, J

1.

This writ petition has been filed by the petitioner seeking a Writ of Mandamus directing the respondents 1 to 5 to take appropriate action as against the unauthorized and illegal construction made by the sixth respondent.

2.

The sixth respondent did put up unauthorized construction on the ground, first and second floors, apart from constructing two more houses in the area earmarked for car parking. This Court, by an interim order, directed the fourth respondent Corporation to lock and seal the unauthorized construction in the complex and further directed the Corporation not to disturb the ground and first floors.

3.

Though the learned Senior Counsel appearing for the sixth respondent submitted that a revised plan has been submitted, the learned Standing Counsel appearing for the fourth respondent submitted that it has been rejected. It is also represented that an appeal has also been preferred under Section 80A of the Tamil Nadu Town and Country Planning Act, as against the action taken.

4.

The learned Counsel appearing for the petitioner submitted that the unauthorized construction is huge and there is nobody in occupation. This factum, however, is disputed by the learned Senior Counsel appearing for the sixth respondent.

5.

The interim order dated 04.10.2019 passed by this Court continuous till date. Therefore, the same is directed to be continued till the disposal of the appeal before the Government. The Secretary to Government, Housing and Urban Development Department, Secretariat, Chennai, is directed to dispose of the appeal, said to have been filed by the sixth respondent, within a period of twelve weeks from the date of receipt of a copy of this order. The writ petitioner is also permitted to implead herself as a party in the aforesaid proceedings. The Secretary to Government, Housing and Urban Development Department, shall hear the writ petitioner also, before passing appropriate final orders.

6.

With the above directions, this writ petition stands disposed of. No costs. Consequently, connected miscellaneous petitions are closed.