S. RAMESH Vs. CHENNAI METROPOLITAN

JUDGEMENT

(1.) The petitioner has come out with the present Writ Petition for a direction to the respondents 2 & 3 to consider his representation dtd. 8/1/2018 to demolish the unauthorized staircase put up by the 4th respondent in 20 feet passage in Gangadharan Colony in Door No.226 and 227, St. Marys Road, Mandaveli, Chennai - 600 028.

(2.) According to petitioner, one Gangadhara Mudaliar was the owner of the property measuring larger extent and he constructed continuous row houses bearing old municipal door Nos.75/7, 75/8, 75/9, 75/10, 75/11 and 75/12. Thereafter, the said row houses were sold to various third parties including the petitioner. The petitioner is the owner of the property measuring about 660 sq.ft at Old Door No.228 and 75/10, New Door No.14, St. Mary's Road, Mandaveli, Chennai - 600 028 and the 4th respondent is residing adjacent to the petitioner's property. There is a 20 feet passage connecting the St. Marys Road on the southern side, which is main access to the persons who are residing in the row houses. When the petitioner demolished his portion of the dilapidated building to construct new house, the 4th respondent made an attempt to interfere his peaceful possession. Hence, the petitioner filed suit in O.S.No.2136 of 2017 on the file of the XVI Assistant City Civil Court, Chennai for permanent injunction and the same is pending. At the end of the common passage, the 4th respondent constructed a staircase, without obtaining any approval or sanction from the respondents 2 & 3, which affects more than 15 residents of the area. Hence, the petitioner gave a representation dtd. 8/1/2018 to the respondents 1 to 3 to take suitable action against the unauthorized superstructure. Since, no action has been taken on the said representation dtd. 8/1/2018, the petitioner has come out with the present Writ Petition.

(3.) The respondents 2 and 3 filed counter affidavit. The learned Standing Counsel appearing for respondents 2 & 3 submitted that on receipt of the representation of the petitioner, officials of Corporation inspected the property on 18/1/2018 and issued notice dtd. 19/1/2018, calling for approved plan under Ss. 56 & 57 read with Sec. 85 of the Tamil Nadu Town and Country Planning Act, 1971 to the 4th respondent. In the meanwhile, the petitioner filed Writ Petition. This Court by the order dtd. 7/2/2018, directed the Corporation to file status report along with FMB sketch. As and when FMB sketch is furnished, the respondents 2 & 3 will take further action and prayed for passing suitable orders.