E.M. PR. MUTHAPPAN Vs. COMMISSIONER

JUDGEMENT

(1.) The petitioner has filed the above Writ Petition to issue a Writ of Mandamus to direct the respondents to hand over possession of the building at Door No.82/22, North Mada Street, Mylapore, Chennai, based on his representation dated 15.05.2019.

(2.) It is the case of the petitioner that ground and first floor building in the rear side, measuring an extent of 900 sq.ft., was put up in the year 1935-1936 and later, the petitioner constructed second floor above the ground plus first floor of the old building, which was existing in the rear portion. According to the petitioner, the building was constructed with the approved plan constructed in the year 1983. During the course of construction, the respondent-Corporation issued a notice dated 17.08.2015 under Sections 56 and 57 read with Section 85 of the Tamil Nadu Town and Country Planning Act, to stop work. Thereafter, another notice was issued on 01.09.2015 to remove the unauthorized construction put up by the petitioner. Subsequently, the authorities demolished the unauthorized construction put up by the petitioner. However, the possession remained with the Corporation of Chennai. In such circumstances, the petitioner has filed the Writ Petition seeking for re-delivery of the possession in respect of the property in dispute.

(3.) The 2nd respondent filed a counter wherein it has been stated that in the case of the petitioner come forward to make a request to handover possession by giving an undertaking that he is ready and willing to go for a development of the existing old building by way of getting approval for demolition and reconstruction, until such time, the petitioner will neither put to use nor make any physical alteration so as to bring it fit for habitation, the respondent-Corporation will consider the request of the petitioner.