RELIANCE COMMUNICATIONS LTD Vs. MUNIRATHINAM

JUDGEMENT

(1.) Since the issue in all these matters is one and the same, they are being disposed of by the following Common Order.

(2.) Green Gardens Association, through its Secretary P. Palanivel, filed W. P. No.36084 of 2005, praying to issue a writ of mandamus directing the 1st and 2nd respondents therein to initiate action under Sections-56 and 57 of the Tamil Nadu Town and Country Planning Act, 1971, and under Section-256 of the Chennai City Municipal Corporation Act and thereby demolish the offending illegal construction and remove the deviations which have been put up in violation of the sanctioned plan and the 2 giant towers erected in the 3rd respondent's building at No. L-21, 26th Street, L Block, Anna Nagar East, Chennai-102. By Order dated 21.09.2006, a Division Bench of this Court, after hearing the counsel for the petitioner and respondents-1 and 2; without reference to the factual details and the stand of official respondents-1 and 2 as well as contesting 3rd respondent, directed respondents-1 and 2 to take all effective steps to remove the unauthorised erection of two giant towers of the Private Telecom Companies, after giving notice to the 3rd respondent therein viz. , Dr. V. Munirathinam, within a period of four weeks from the date of receipt of copy of the said order. It is relevant to mention that though the 3rd respondent was served notice and counsel had entered appearance, none appeared on his behalf when the matter came up for hearing before the Bench.

(3.) The very same petitioner / Secretary of Green Gardens Association filed Miscellaneous Petition viz. , WPMP No.18230 of 2006 in W. P. No.36084 of 2005, seeking clarification of the orders passed on 21.09.2006. While hearing the said petition, all the respondents including the owner of the Building were represented by counsel. By order, dated 26.10.2006, the Division Bench directed official respondents-1 and 2 to take all effective steps to initiate action under Sections 56 and 57 of the Town and Country Planning Act and under Sec.256 of the Chennai City Municipal Corporation Act in respect of the illegal construction and demolish the same as well as remove deviation if any made by the 3rd respondent therein. In the same order, the Division Bench also directed them to remove the unauthorised erection of two giant towers of the private telecom companies in accordance with law after statutory notice and to complete such exercise within a period of four weeks from the date of receipt of copy of the order.