CHROMEPET G.S.T. SALAI PUDUVAINAGAR SIRUTHOZHIL VYAPARIGAL MUNNETRA SANGAM Vs. SECRETARY TO GOVT. MUNICIPAL ADMINISTRATION AND WATER SUPPLY DEPARTMENT

JUDGEMENT

(1.) Heard Mr. J. Muthukumaran, learned counsel for the petitioner; Mr. V. Jayaprakash Narayanan, learned Government Pleader (i/c.) for respondents 1, 2, 4, 6 and 7; Mr. Karthik Rajan, learned counsel for the third respondent; Mr. P. Srinivas, learned counsel for the fifth respondent; Mr. B. Kannan, learned counsel for the eighth respondent and Mrs.Subhalaxmi Samanta, learned counsel for the ninth respondent.

(2.) The prayer of the petitioner is that directions be issued to the third respondent, i.e., Chennai Metropolitan Development Authority, to investigate the violation of the building permit in the building constructed by the ninth respondent at No. 1, Puduvai Nagar East II Street, Block "E", Ward No. 42, Old Survey No. 413/4 (part) in Town Survey No. 9, within Pallavapuram Municipality, and consequently direct the fifth respondent, i.e., the Commissioner, Pallavapuram Municipality, to remove the said encroachment.

(3.) The learned counsel for the fifth respondent has tendered the counter affidavit in which it is stated that though building permission was granted to the ninth respondent, there are certain deviations while putting up the construction. In view of the deviations, notice under Sec. 205(1) and (2) of the Tamil Nadu District Municipalities Act was issued to the ninth respondent on 22/11/2018 and it was duly served on the ninth respondent, who is the owner of the building. However, the ninth respondent did not submit any reply to the said show cause notice. In view of the fact that there was no reply or explanation tendered by the ninth respondent, final order under Sec. 205(3) of the Act was issued on 10/12/2018 and sent on 11/12/2018 by registered post with acknowledgment due (RPAD), since the ninth respondent refused to accept the same in person. It is also stated that further steps in relation to the deviations while putting up the construction will be taken on the expiry of the time granted in the said proceedings.