P. KRISHNAMOORTHY Vs. THE SECRETARY TO GOVERNMENT, MUNICIPAL ADMINISTRATION AND TOWN AND COUNTRY PLANNING AND ORS.

JUDGEMENT

(1.) The petitioner has focused the present Writ Petition praying for passing of an Order by this Court in directing the 3rd Respondent/ Executive Engineer, Corporation of Chennai, Chennai -30 to seal the premises bearing No.175/61, Mettu Street, Ayanavaram, Chennai -23 comprised in T.S.No.14/4, Block No.29, Ayanavaram Village. Further, he has sought for passing of a consequential order in removing the construction which is not in accordance with the approved plan issued to the Respondents 4 to 6 in BA/CD08/04276/2012 and PPA/WDC08/04923/2012 as per the directions of this Court through its Order dated 04.06.2014 in W.P.No.14089 of 2014.

(2.) According to the Petitioner, all that property viz., House, Ground and Premises bearing Door No.177/62, Mettu Street, Ayanavaram, Chennai -23 comprised in T.S.No.14/1 Block no.29, Mettu Street, Aynavaram Village, measuring 2,100 Square Feet belonging to him and his brothers. The property bearing No.175/61, Mettu Street, Ayanavaram, Chennai -23 comprised in T.S.No.14/4, Block No.29, Ayanavaram Village, which is facing the road, ie., Mettur Street, belongs to Respondents No.4 to 6 and they are occupying the front portion.

(3.) The stand of the Petitioner is that the Respondents No. 4 to 6 had demolished the old structure and commenced construction of new building on 11.05.2012. The Respondents No.4 to 6 had not put up the construction as per the sanctioned plan and they had not followed any of the Development Control Rules of the 2nd Respondent/Corporation of Chennai and were putting up construction on all the boundary line of North and West. Further, on the Southern side, they had encroached one foot in common passage and two feet in Eastern side in his property. Inspite of his repeated objection, they refused to understand that they are only entitled to 75 feet East to West and 14 feet North to South under the Partition Deed. Indeed, now they are putting up construction measuring an extent of 77 feet East to West and 15 Feet North to South by encroaching one foot into the common passage and two feet on the eastern side in his property.