W.P.No.11716 of 2021 W.P.No.11716 of 2021 R.SURESH KUMAR, J. AND P.D.AUDIKESAVALU, J. (Order of the Court was made by R.Suresh Kumar,J.) This writ petition has been filed seeking a writ of Mandamus directing the third respondent to execute further action pursuant to the third respondent’s Stop Work notice dated 16.11.2016 on the unauthorised

[5/11, 16:54] Sekarreporter1: W.P.No.11716 of 2021
W.P.No.11716 of 2021
R.SURESH KUMAR, J.
AND
P.D.AUDIKESAVALU, J.
(Order of the Court was made by R.Suresh Kumar,J.)
This writ petition has been filed seeking a writ of Mandamus directing the third
respondent to execute further action pursuant to the third respondent’s Stop Work notice dated
16.11.2016 on the unauthorised construction which has already been made in Door No.4/45,
New No.5/110, New No.5/110, Perumal Koil Street, Nerkundram, Chennai 600 107.
2. When this writ petition came up for hearing on 05.05.2021, on considering the prima
facie case projected by the learned counsel for the petitioner, we have passed the following
order.
“ Mr.K.Raja Srinivas, learned Standing Counsel appearing for Respondents 1
and 3 wants to file a report regarding action taken with regard to the allegation
made by the petitioner against the private respondents for the alleged
unauthorised construction and if so, what steps they have taken so far to stop
the construction of building and to take steps to demolish the same. Otherwise,
if the private respondents obtained planning permission from the first and third
respondents or even from the second respondent, it is open to the Standing
Counsel to produce the copy of the plan also to establish their case that private
respondents are proceeding with the construction with the proper approved plan.
For the above said purpose, learned Standing Counsel seeks short
accommodation. Post the matter tomorrow (06.06.2021).”
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11. This kind of attitude on the part of the respondent Corporation has created
embarrassment almost everyday before this Court, as many number of such litigations to
remove or erase such unauthorised construction are pouring in.
12. This Court, though time and again has given very stringent orders and directions, the
attitude on the part of the planning authorities does not appear to have changed. This case is
one of the classic example for such a situation that we are facing everyday.
13. In view of the aforesaid, we direct the respondents to file an action taken report, by
giving the details as to what action they have taken from 16.11.2016 till date. Also, if no such
action has been taken and after the 16.11.2016 notice nothing has been moved, then who is
responsible for such inaction and whether any action has been taken on the official concerned
or not, also should be spelt out.
14. In this regard, the concerned Executive Engineer of the Chennai Corporation shall file
an explanatory affidavit before this Court during the next date of hearing. For the aforesaid
purpose, post this matter on 07.06.2021.
(R.S.K.,J.) (P.D.A.,J.)
06.05.2021
KST
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