LAWS(MAD)-2016-6-331

V VELAYUDHAM Vs. ASSISTANT ENGINEER, TOWN PLANNING APPROVAL SECTION REGIONAL OFFICE SOUTH GREATER CHENNAI CORPORATION 115, MUTHULAKSHMI SALAI ADYAR

Decided On June 29, 2016
V Velayudham Appellant
V/S
Assistant Engineer, Town Planning Approval Section Regional Office South Greater Chennai Corporation 115, Muthulakshmi Salai Adyar Respondents

JUDGEMENT

(1.) The petitioner has challenged the order passed by the respondent dated 13.06.2016 directing him to produce gift deed in favour of the Corporation for further process of his application dated 11.04.2016 seeking permission for demolition and reconstruction of the existing building, on the ground that the petitioner's proposed plot comes under road alignment.

(2.) The case of the petitioner is that he is the owner of the property having inherited plot No.4B comprised in R.S.No.44/1 Part, T.S.No.7/2 and 8/2, Block No.18 measuring about 1 ground and 1356 sq.ft in Nagendira Nagar, Velachery Main Road, Velachery, Chennai 600 042 by virtue of settlement deed dated 24.12.2010 settled by his father in his favour and in favour of his three brothers. Since there is an old existing super structure in the said property, the petitioner submitted an application dated 11.04.2016 to the respondent seeking permission for demolition and reconstruction of the said property. However, the respondent vide the impugned letter dated 13.06.2016 informed the petitioner to produce gift deed in favour of the Corporation for processing his application as the said plot comes under road alignment. The said order is being challenged before this Court in this writ petition.

(3.) When the matter is taken up for hearing today, Mr.V.Anand, learned counsel appearing for the petitioner would submit that the petitioner is ready to keep the space vacant for the purpose of road widening and that he will not make any construction in the said portion. He has also filed an affidavit to that effect before this Court, today.