Madras High CourtWP/8079/2017disposed of

Alli Govindarajan v. The Chennai Metropolitan

2017-04-04Honourable The Acting Chief Justice,Honourable Mr Justice Rmt. Teekaa Raman2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 04.4.2017

CORAM

THE HON'BLE MR.HULUVADI G.RAMESH, ACTING CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE RMT. TEEKAA RAMAN Writ Petition No.8079 of 2017 Alli Govindarajan ..

Petitioner Vs.

1. The Chennai Metropolitan Development Authority rep. by its Member Secretary Thalamuthu Natarajan Building No.1, Gandhi Irwin Road Egmore Chennai 600 008.

2. The Executive Engineer The Corporation of Chennai Zonal Office X No.117, NSK Salai Kodambakkam Chennai 600 024.

Respondents Petition under Article 226 of the Constitution of India praying for a writ of Certiorari calling for the records relating to the locking and sealing and demolition notice No.Zone-10/TP ENFORCEMENT/00124/2017 dated 10.02.2017 and De-Occupation Notice Zone10/TP ENFORCEMENT/00124/2017 dated 20.3.2017 issued by the second respondent and to quash the same.

For Petitioner : Mr.S.Santhan For Respondent-1 : Mr.C.Johnson For Respondent-2 : Mr.V.C.Selvasekaran

O R D E R

(Made by the Hon'ble Acting Chief Justice) Mr.C.Johnson, learned counsel takes notice for the first respondent. Mr.V.C.Selvasekaran, learned counsel takes notice for the second respondent.

2. Heard the learned counsel for the parties.

3. The petitioner has filed this writ petition seeking issuance of a writ of Certiorari calling for the records in the impugned Locking & sealing and Demolition notice No.ZONE-10/TP ENFORCEMENT/00124/2017, dated 10.02.2017 issued by the second https://hcservices.ecourts.gov.in/hcservices/

respondent and quash the same.

4. The petitioner claims to be the owner of Flat No.D, I Floor Flor, Block No.11, Lakshmanaswamy Salai, K.K.Nagar, Chennai 78. The first respondent issued notice on 30.3.1999 to the petitioner to avail of the regularization scheme. The petitioner submitted regularization application on 26.5.1999. However, till date the same has not been considered. But, on 10.02.2017, Lock & Seal and Demolition Notice has been issued by the second respondent. Challenging the same, the present writ petition has been filed.

5. It is not in dispute that the regularization application filed by the petitioner on 26.5.1999 had not been disposed of till date by the respondent/authorities. In such view of the matter, we direct the respondent/authorities to consider the regularization application of the petitioner dated 26.5.1999 and to pass appropriate orders in accordance with law, of course after affording an opportunity of hearing to the petitioner, within three months from the date of receipt of a copy of this order. Till the disposal of the regularization application, no coercive steps shall be taken by the respondent authorities.

The writ petition is disposed of accordingly. No costs. Consequently, WMP Nos.8841 and 8842 of 2017 are closed. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar kpl To 1.The Member Secretary, The Chennai Metropolitan Development Authority Thalamuthu Natarajan Building No.1, Gandhi Irwin Road Egmore Chennai 600 008.

2. The Executive Engineer The Corporation of Chennai Zonal Office X No.117, NSK Salai Kodambakkam Chennai 600 024.

+1cc to Mr.C.Johnson, Advocate SR.No.20319 +1cc to Mr.S.Santhan, Advocate SR.No.20797 W.P.No.8079 of 2017.

VD(CO) GN(21/04/2017) https://hcservices.ecourts.gov.in/hcservices/