Case Note & Summary
Background: The petitioner filed a writ petition seeking a direction to the authorities to inspect the construction of the 4th respondent at Survey No.1032/66, Door No.30, 2nd Street, Thullukannam Garden, Triplicane, Chennai, and to issue a stop work notice on the ground that the construction was blocking a pathway. The petitioner had submitted a representation dated 07.06.2024 which was not acted upon. The respondent authorities included the Commissioner of Greater Chennai Corporation, the Zonal Executive Engineer, and the Assistant Engineer of Ward No.121. The 4th respondent, the private individual undertaking the construction, did not appear despite service of notice. Facts: During the hearing, the Zonal Executive Engineer and Junior Engineer were present and filed an additional status report. The report indicated that on routine inspection, the 4th respondent had deviated from the approved plan. The deviations included construction of a wall in the stilt floor, balcony projections on the first and second floors, and unauthorised partial construction of a third floor. The status report detailed the extent of deviations: first floor 20.12 sq m excess, second floor 20.12 sq m excess, terrace floor 28.98 sq m unauthorised, and building height increased by 3 m beyond the approved 8.74 m. Legal Issues: The core issue was whether the authorities could be compelled by mandamus to inspect and stop the construction. The court was to consider the status report and possibly pass further orders. Arguments: The petitioner sought issuance of writ of mandamus. The respondent authorities presented the factual position via the status report. The 4th respondent did not submit any arguments. Court's Analysis: The court took the additional status report on record and noted the deviations. The order did not reach a final determination on the writ in the provided text. Decision: The judgment excerpt ends with the status report narration; no final direction or ratio is available in the provided text.
Issue of Consideration
Whether a writ of mandamus should be issued directing the respondent authorities to inspect the construction of the 4th respondent and issue a stop work notice for blocking a pathway
