De-seal case order by MR.JUSTICE S.VAIDYANATHAN AND THE HONOURABLE MS. JUSTICE P.T.ASHA Writ Petition No.35873 of 2019

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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 30.12.2019
CORAM:
THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN
AND
THE HONOURABLE MS. JUSTICE P.T.ASHA
Writ Petition No.35873 of 2019
J.Zahir Hussain …Petitioner
vs.
The Additional Secretary (Technical),
Government of Tamil Nadu,
Housing and Urban Development,
Fort St. George,
Chennai 600 009.
The Member Secretary,
Chennai Metropolitan Development Authority,
No.1, Gandhi Irwin Road,
Egmore, Chennai 600 008.
The Commissioner,
Greater Corporation of Chennai,
Ripon Building,
Chennai 600 003.
The Executive Engineer (TP Enforcement),
Corporation of Chennai,
Central Zone (VIII),
2
nd Cross Street (East),
Pulla Avenue, Thiru Vee Ka Park,
Shenoy Nagar, Chennai 600 030.
The Assistant Executive Engineer,
Unit – II, Town Planning Approval Section,
Regional Office Center,
Corporation of Chennai,
No.36-G, Pulla Avenue, Shenoy Nagar,
Chennai 600 030. … Respondents
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in occupation of the building in question, the Petitioner, in his Affidavit, has
stated that, the building is under ‘Lock and Seal’. He went on to state that, time
granted by the authority concerned to rectify the defects in the building, is not
sufficient and that, the Petitioner may be granted further three months’ time to
comply with the conditions stipulated in the impugned order. Learned counsel
further submitted that, the Petitioner has agreed to comply with the Plan as per
the conditions stipulated in paragraph 7 of the impugned order, if not already
complied with. Also, the Petitioner has agreed to pay five times electricity
charges with effect from 01.01.2020 till the completion of work.
Taking note of the above submissions, since the impugned order dated
24.10.2019 passed by the 1st Respondent herein is a well considered one, we are
not inclined to interfere with the same. However, as sought for by the Petitioner,
this Court grants further time of three months’ from today to rectify the
defects, as stated in paragraph 7 of the impugned order. Failure to comply
with the same by the Petitioner would enable the authorities concerned to
proceed further, based on the impugned order dated 24.10.2019, which has been
confirmed by this Court.
It is made clear that electricity charges payable by the Petitioner
shall not be recovered from the tenants, if any, in occupation of the
premises. It is further made clear that if anyone is in occupation of the building
in question, the Petitioner will be liable to be taken to task by the Government.

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