ORDER

(Order of the Court was made by T.RAJA, J.)

This Writ Petition has been filed seeking to issue a Writ of Mandamus, directing the respondents 1 to 3 to take immediate and effective action against the unlawful and illegal construction being put up by the 5th respondent in and around Block Nos.50 and 51, New Block Nos.57 and 58, 11th Avenue, Ashok Nagar, Chennai-83.

2. The case of the petitioner is that she is the owner of a residential TNHB Flat No.2 in Old Block No.51, New Block No.58 bearing Old No.51/2, New No.58/2, 11th Avenue, Ashok Nagar, Chennai-83 and from the date of purchase, she has been in peaceful possession and enjoyment of the said property. When there are 4 flats in each block along with common passage for all owners and occupants to use as common area, no construction shall be put in such areas. Whereas Mr.G.Thyagarajan, the 5th respondent herein having acquired one similar unit in the adjoining block in Flat No.3 in Old Block No.50, New Block No.57 erected tall pillars, small walls raising the floor level portion by 2 feet and also making several other alterations in the common area illegally, without obtaining necessary permission from the Housing Board or Corporation of Chennai. When the said area is a residential one for decades as the residential scheme promoted by the Tamil Nadu Housing Board, the 5th respondent herein has been carrying on business in the name and style of ''Sri Thyagarajan Enterprises'' which is also a firm dealing with road contract works using the common area for parking heavy vehicles such as JCB cranes, Lorries and road rollers, this is causing huge inconvenience to all the persons residing over there. Therefore, the petitioner has given a representation dated 28.11.2021 to the respondents 2 and 3, but no action is forthcoming. Hence this Writ Petition.

3. Mrs.C.Sumathy Srikanth, learned Standing Counsel for CMDA takes notice for the 1st respondent and Mr.K.Raja Shrinivas, learned Counsel takes notice for respondents 2 and 3-Corporation of Chennai.

4. Learned Counsel appearing for the respondents 2 and 3 submitted that on receipt of the representation of the petitioner, notice has been issued calling for planning approval of the building and thereafter, lock and seal notice also has been issued on 09.02.2022 giving the 5th respondent 30 days time to give his explanation. On receipt of the explanation, if any from the 5th respondent, action would be contemplated on 09.03.2022 and thereafter, if the explanation to be offered is not satisfactory, further action will be initiated against him in which the 5th respondent has got a right of appeal. Therefore, since action is being taken by the 5th respondent, giving liberty to the Corporation, the matter may be closed, it is pleaded.

5. Placing on record the submissions of the learned Counsel for the respondents 2 and 3 that proceedings are going on against the 5th respondent for his unauthorised construction, this Writ Petition is disposed of directing the Chennai Corporation to proceed further in accordance with law, within a period of four weeks from the date of receipt of the explanation to be offered by the 5th respondent and complete the exercise expeditiously. Consequently, connected Miscellaneous Petition is also closed. No costs.

(T.R.J.,) (S.S.K.J.,)

21.02.2022 tsi To

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

2. The Commissioner, Corporation of Chennai, Ripon Buildings, Chennai-600 003.

3. The Zonal Officer, Corporation of Chennai, Zone-10, NSK Salai, Kodambakkam High Road, Chennai-600 024.

4. The Managing Director, Tamil Nadu Housing Board, Anna Salai, Chennai-600 035.

T.RAJA, J.

and SATHI KUMAR SUKUMARA KURUP, J., tsi W.P.No.3105/2022

21.02.2022

09.12.2021