Kavitha v. The Secretary To The Government

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12.01.2022

CORAM:

THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM AND THE HONOURABLE MR.JUSTICE V.SIVAGNANAM W.P.NO.476 OF 2022 AND W.M.P.NO.523 OF 2022 Kavitha ... Petitioner

Versus

1. The Secretary to the Government, Housing & Urban Development Department, Fort George, Chennai - 600 009.

2. The Commissioner, Greater Chennai Corporation, Ripon Building, Chennai - 600 001.

3. The Executive Engineer, Zone-VIII, The Greater Chennai Corporation, Chennai - 600 001.

... Respondents PRAYER:- Writ Petition filed under Article 226 of the Constitution of India seeking to issue a Writ of Mandamus, directing the first respondent to consider and pass orders in the appeal petition dated 24.12.2021, filed by the petitioner challenging the Locking and Sealing Notice dated 08.07.2021, vide Letter No:Zone VIII/TPENF/1089/2021, issued by the third respondent herein under S.56 & 57 r/w. Section 85 of the Tamil Nadu Town and Country Planning Act, 1971, pertaining to the subject property situated at No.10, Thangam Colony 1st Street, Anna Nagar West, Chennai 600 040, and Consequently forbear all further proceedings of the respondents from initiating any coercive action of Locking and Sealing of the subject property, pending disposal of the petitioner's appeal petition before the first respondent.

For Petitioner :

Mrs.Y.Kavitha For Mr.G.Rajesh For Respondents For R1 : Mr.K.V.Sajeev Kumar Special Government Pleader For RR2 & 3 : Mr.K.Raja Shrinivas Standing Counsel

ORDER

(The Order of the Court was made by K.KALYANASUNDARAM, J) The Writ Petition is heard through video conferencing.

2. Heard Mrs.Y.Kavitha learned counsel appearing for Mr.G.Rajesh, learned counsel for the petitioner and Mr.K.V.Sajeev Kumar, learned Special Government Pleader appearing for the first respondent and Mr.K.Raja Shrinivas, learned Senior Standing Counsel appearing for the respondents 2 and 3.

3. By consent of the parties, the Writ Petition is taken up for final disposal at the admission stage itself.

4. The petitioner has filed this Writ Petition for issuance of a Writ of Mandamus, directing the first respondent to consider and pass orders on the appeal filed by the petitioner dated 24.12.2021.

5. The learned counsel appearing for the petitioner Mrs.Y.Kavitha would submit that the third respondent issued a lock and seal notice dated 08.07.2021. Aggrieved over the same, the petitioner preferred an appeal under Section 80-A of the Tamil Nadu Town and Country Planning Act. When the appeal is pending, the respondents are attempting to interfere with the peaceful enjoyment of the petitioner of the subject property. She further added that if would suffice if a direction is issued to the respondents to dispose of the appeal preferred by the petitioner in a time frame.

6. The learned Special Government Pleader appearing for the first respondent Mr.K.V.Sajeev Kumar on instructions would submit that the appeal filed by the petitioner is pending consideration before the first respondent and he is ready to pass orders in accordance with law.

7. Considering the prayer sought for in the Writ Petition and the submissions of the learned counsels appearing on either side, this Court, without expressing any opinion on the merits of the matter, directs the first respondent to dispose of the appeal preferred by the petitioner dated 24.12.2021 on merits and in accordance with law, after affording an opportunity of personal hearing to the petitioner, within a period of six months. Till such time, the respondents shall not take any coercive action.

8. Accordingly, the Writ Petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar(CS IX) //True Copy// Sub Assistant Registrar pvs To 1.

The Secretary to the Government, Housing & Urban Development Department, Fort George, Chennai - 600 009.

2.

The Commissioner, Greater Chennai Corporation, Ripon Building, Chennai - 600 001.

3.

The Executive Engineer, Zone-VIII, The Greater Chennai Corporation, Chennai - 600 001.

W.P.NO.476 OF 2022 PMK(CO) PBS/07/02/2022