C.Vijayakumar v. The Secretary To The Government

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.04.2022

CORAM

THE HONOURABLE MR.JUSTICE T.RAJA AND THE HONOURABLE MR.JUSTICE S.SOUNTHAR W.P.NOS.

620, 6739, 6742, 6745, 6749, 6750, 6752, 1319, 1151, 2950, 1415, 3306, 2955, 1179, 5133, 1243, 1584, 1323, 1328, 1330, 1333, 1336, 1652, 1654, 1658, 1659, 1662, 1664, 1685, 1690, 1693, 1695, 1696, 1701, 1699, 1728, 1742, 1747, 1630, 1632, 1635, 1637, 1640, 3857, 6222, 5041, 5043, 5044, 3001, 3008, 3010, 3718, 3722, 3717, 4749, 4750, 4753, 4754, 4757, 4748, 3860, 3862, 3863, 3864, 5042, 5045, 5048, 5052, 3672, 3674, 3633, 3636, 3637, 3640, 5726, 5728, 5731, 5734, 5736, 3852, 3848, 3856, 3851, 3854, 3097, 3099, 3100, 3101, 3103, 3665, 3666, 3668, 3669, 3671, 4273, 4275, 4279, 4280, 6253, 6254, 6258, 6261, 6249, 4264, 4267, 4269, 6777, 6780, 6785, 6787, 6232, 6234, 6235, 6237, 4036, 6753, 5730, 5735, 5739, 5741, 5745, 6758, 5015, 5020, 5023, 5025, 5543, 5547, 5550, 7016 OF 2022 AND CONTEMPT PETITION NO.1914 OF 2019 C.Vijayakumar ..

Petitioner in WP No.620 of 2022 A.Somasundaram .. Petitioner in WP No.6739 of 2022 K.Nazeera .. Petitioner in WP No.6742 of 2022 P.C.Pasupathy .. Petitioner in WP No.6745 of 2022 K.E.Subramanian .. Petitioner in WP No.6749 of 2022 M.Buddhar .. Petitioner in WP No.6750 of 2022 V.M.Subramanian .. Petitioner in WP No.6752 of 2022 S.Somasundaram .. Petitioner in WP No.1319 of 2022 Posa Surendranath Reddy .. Petitioner in WP No.1151 of 2022 N.Vijayakumar .. Petitioner in WP No.2950 of 2022 P.S.Latiffa Banu .. Petitioner in WP No.1415 of 2022 S.John Mary .. Petitioner in WP No.3306 of 2022 N.

Petitioner in WP No.2955 of 2022 Shashikala Jayaraman .. Petitioner in WP No.1179 of 2022 V.Subhashini .. Petitioner in WP No.5133 of 2022 R.Babu .. Petitioner in WP No.1243 of 2022 S.K.Moorthy .. Petitioner in WP No.1584 of 2022 V.Mahalakshmi .. Petitioner in WP No.1323 of 2022 K.S.Singaravadivelu .. Petitioner in WP No.1328 of 2022 C.T.Lakshmanan .. Petitioner in WP No.1330 of 2022 Bhaskaran .. Petitioner in WP No.1333 of 2022 S.Sarala .. Petitioner in WP No.1336 of 2022 P.Santhi .. Petitioner in WP No.1652 of 2022 Mohamed Kaleemullah .. Petitioner in WP No.1654 of 2022 Meena Nagarajan .. Petitioner in WP No.1658 of 2022 P.Suresh .. Petitioner in WP No.1659 of 2022 R.Seethalakshmi .. Petitioner in WP No.1662 of 2022 R.Krishnan .. Petitioner in WP No.1664 of 2022 M.B.Subash .. Petitioner in WP No.1685 of 2022 D.Rajasekaran ..

Petitioner in WP No.1690 of 2022 C.Sundararajan .. Petitioner in WP No.1693 of 2022 Mary Abraham .. Petitioner in WP No.1695 of 2022 Dr.A.Kaleel Rahman .. Petitioner in WP No.1696 of 2022 K.Ramakrishnan .. Petitioner in WP No.1701 of 2022 N.M.Anantha Sekaran .. Petitioner in WP No.1699 of 2022 S.Jambunathan .. Petitioner in WP No.1728 of 2022 Shobana Gopalakrishnan Nair .. Petitioner in WP No.

Petitioner in WP No.1747 of 2022 P.Thamilselvan .. Petitioner in WP No.1630 of 2022 P.Paul Muthu Chezhian .. Petitioner in WP No.1632 of 2022 C.Hari Ananth .. Petitioner in WP No.1635 of 2022 Mustapha Mohamed Yakoob .. Petitioner in WP No.1637 of 2022 C.Mary Emelda Hepsy Kala .. Petitioner in WP No.1640 of 2022 Salomi Jeyachandran .. Petitioner in WP No.3857 of 2022 Sujatha .. Petitioner in WP No.6222 of 2022 Mohan .. Petitioner in WP No.5041 of 2022 A.H.Deepak .. Petitioner in WP No.5043 of 2022 Sudhandhira Kumar .. Petitioner in WP No.5044 of 2022 T.Kunju Krishnan .. Petitioner in WP No.3001 of 2022 T.R.Venkatesan .. Petitioner in WP No.3008 of 2022 R.Bhavani .. Petitioner in WP No.3010 of 2022 Geethalakshmi Manoharan .. Petitioner in WP No.3718 of 2022 K.E.Sukumaran .. Petitioner in WP No.3722 of 2022 R.Ravi Natarajan ..

Petitioner in WP No.3717 of 2022 Nisha Jayabalaji .. Petitioner in WP No.4749 of 2022 S.Srijayanthi .. Petitioner in WP No.4750 of 2022 V.Kavitha .. Petitioner in WP No.4753 of 2022 B.Sriram .. Petitioner in WP No.4754 of 2022 Elango .. Petitioner in WP No.4757 of 2022 B.Jalajakshi .. Petitioner in WP No.4748 of 2022 N.Rajadurai .. Petitioner in WP No.3860 of 2022 R.Ravishankar .. Petitioner in WP No.3862 of 2022 R.

Petitioner in WP No.3863 of 2022 D.Nandakumar .. Petitioner in WP No.3864 of 2022 CT.Premendran .. Petitioner in WP No.5042 of 2022 G.Ethiraj .. Petitioner in WP No.5045 of 2022 D.Santhi .. Petitioner in WP No.5048 of 2022 M.Sahaya Rajeshwari Sutha .. Petitioner in WP No.5052 of 2022 RM.Solaiappan .. Petitioner in WP No.3672 of 2022 P.Selvakumar .. Petitioner in WP No.3674 of 2022 R.Gopalan .. Petitioner in WP No.3633 of 2022 K.Vijayarani .. Petitioner in WP No.3636 of 2022 K.S.Shanmugasundaram .. Petitioner in WP No.3637 of 2022 P.Kothandaraman .. Petitioner in WP No.3640 of 2022 M.Kumar .. Petitioner in WP No.5726 of 2022 H.Thomson .. Petitioner in WP No.5728 of 2022 D.Arumugam .. Petitioner in WP No.5731 of 2022 T.Selvaraj .. Petitioner in WP No.5734 of 2022 S.Kalai Chelvi .. Petitioner in WP No.5736 of 2022 M.Sujatha ..

Petitioner in WP No.3852 of 2022 M.B.Subash .. Petitioner in WP No.3848 of 2022 V.Subhashini .. Petitioner in WP No.3856 of 2022 K.Annadurai .. Petitioner in WP No.3851 of 2022 A.Sriramulu .. Petitioner in WP No.3854 of 2022 Mallik Arjunan .. Petitioner in WP No.3097 of 2022 A.Ranjith .. Petitioner in WP No.3099 of 2022 S.Muthuvellayan .. Petitioner in WP No.3100 of 2022 R.

Petitioner in WP No.3101 of 2022 G.Sasikumar .. Petitioner in WP No.3103 of 2022 T.J.Sridharan .. Petitioner in WP No.3665 of 2022 R.Sundar .. Petitioner in WP No.3666 of 2022 R.Manogari .. Petitioner in WP No.3668 of 2022 Ramasamy Sivasubramanian .. Petitioner in WP No.3669 of 2022 S.Vasudevan .. Petitioner in WP No.3671 of 2022 S.Shanthi .. Petitioner in WP No.4273 of 2022 S.Ravichandran .. Petitioner in WP No.4275 of 2022 E.N.Arunmozhi @ Arun .. Petitioner in WP No.4279 of 2022 Govindarajan .. Petitioner in WP No.4280 of 2022 K.Venkatakrishnan .. Petitioner in WP No.6253 of 2022 L.R.Natarajan .. Petitioner in WP No.6254 of 2022 C.Shanmugasundaram .. Petitioner in WP No.6258 of 2022 Shivagami Kannappan .. Petitioner in WP No.6261 of 2022 RM.Solachi .. Petitioner in WP No.6249 of 2022 Ramanathan .. Petitioner in WP No.4264 of 2022 J.

Yogalakshmi .. Petitioner in WP No.4267 of 2022 A.Sathish Kannan .. Petitioner in WP No.4269 of 2022 Hemalatha .. Petitioner in WP No.6777 of 2022 A.Joseph Durai .. Petitioner in WP No.6780 of 2022 D.Dhanalakshmi .. Petitioner in WP No.6785 of 2022 K.Pandiyammal .. Petitioner in WP No.6787 of 2022 S.Thennarasi .. Petitioner in WP No.6232 of 2022 Sathish Kumar .. Petitioner in WP No.

.. Petitioner in WP No.6235 of 2022 Dr.R.N.Premkumar .. Petitioner in WP No.6237 of 2022 N.Jegadeeswari .. Petitioner in WP No.4036 of 2022 Chalapathy Rao .. Petitioner in WP No.6753 of 2022 Kavitha Lakshmi .. Petitioner in WP No.5730 of 2022 Bibiana Alphonsa Gladies .. Petitioner in WP No.5735 of 2022 A.Chellathorai .. Petitioner in WP No.5739 of 2022 S.Vijayalakshmi .. Petitioner in WP No.5741 of 2022 Suresh Babu Kidav .. Petitioner in WP No.5745 of 2022 E.Subramanian .. Petitioner in WP No.6758 of 2022 KVN.Srinivasa Prabhu .. Petitioner in WP No.5015 of 2022 P.V.Chitra .. Petitioner in WP No.5020 of 2022 Manickam Annamalai .. Petitioner in WP No.5023 of 2022 P.Balasubramanian .. Petitioner in WP No.5025 of 2022 Sundaram .. Petitioner in WP No.5543 of 2022 G.Parthiban .. Petitioner in WP No.5547 of 2022 R.Poongothai .. Petitioner in WP No.5550 of 2022 R.Ramesh (Rep. by Power Agent, K.Deepa Sri) .. Petitioner in WP No.7016 of 2022 -vs1.

The Secretary to Government Housing and Urban Development Department Fort St.George Chennai 600 009 2.

The Member Secretary

Chennai Metropolitan Development Authority Thalamuthu Natarajan Building No.1, Gandhi Irwin Road Egmore, Chennai 600 008 3.

The Senior Planning Officer Enforcement Cell CMDA North Divison, Zone-7 Thalamuthu Natarajan Building No.1, Gandhi Irwin Road Egmore, Chennai 600 008 ... Respondents 1 to 3 in all the Writ Petitions P.Sundar .. 4th Respondent in WP No.620/2022 (R4 impleaded vide order of Court dated 11.04.2022 made in WMP No.

1497 of 2022 in WP No.620 of 2022) Prayer in W.P.Nos.

620, 6739, 6742, 6745, 6749, 6750, 6752, 1319, 1151, 2950, 1415, 3306, 2955, 1179, 5133, 1243, 1584, 1323, 1328, 1330, 1333, 1336, 1652, 1654, 1658, 1659, 1662, 1664, 1685, 1690, 1693, 1695, 1696, 1701, 1699, 1728, 1742, 1747, 1630, 1632, 1635, 1637, 1640, 3857, 6222, 5041, 5043, 5044, 3001, 3008, 3010, 3718, 3722, 3717, 4749, 4750, 4753, 4754, 4757, 4748, 3860, 3862, 3863, 3864, 5042, 5045, 5048, 5052, 3672, 3674, 3633, 3636, 3637, 3640, 5726, 5728, 5731, 5734, 5736, 3852, 3848, 3856, 3851, 3854, 3097, 3099, 3100, 3101, 3103, 3665, 3666, 3668, 3669, 3671, 4273, 4275, 4279, 4280, 6253, 6254, 6258, 6261, 6249, 4264, 4267, 4269, 6777, 6780, 6785, 6787, 6232, 6234, 6235, 6237, 4036, 6753, 5730, 5735, 5739, 5741, 5745, 6758, 5020, 5025 and 7016 OF 2022:- Writ Petitions filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Certiorarified Mandamus, calling for the records from the 2nd respondent relating to the impugned de-occupation notices issued in letter No.

EC/N-II/13099/2017 dated 05.01.2022 and quash the same and further direct the respondents 2 and 3 not to take any further action till the revisions filed by the respective petitioners dated 26.11.2021, 29.11.2021, 01.12.2021, 01.12.2021, 02.12.2021, 29.11.2021, 02.12.2021, 29.11.2021, 29.11.2021, 30.11.2021, 25.11.2021, 29.11.2021, 25.11.2021, 02.12.2021, 29.11.2021, 25.11.2021, 04.12.2021, 01.12.2021, 29.11.2021, 29.11.2021, 25.11.2021, 02.12.2021, 29.11.2021, 06.12.2021, 29.11.2021, 29.11.2021, 02.12.2021, 29.11.2021, 01.12.2021, 08.12.2021, 02.12.2021, 01.12.2021, 01.12.2021, 29.11.2021, 29.11.2021, 29.11.2021, 25.11.2021, 06.12.2021, 25.11.

29.11.2021, 29.11.2021, 29.11.2021, 29.11.2021, 25.11.2021, 30.11.2021, 25.11.2021, 25.11.2021, 08.12.2021, 25.11.2021, 04.12.2021, 25.11.2021, 25.11.2021, 01.12.2021, 29.11.2021, 29.11.2021, 29.11.2021, 29.11.2021, 25.11.2021, 25.11.2021, 29.11.2021, 06.12.2021, 29.11.2021, 29.11.2021, 29.11.2021, 06.12.2021, 29.11.2021, 29.11.2021, 29.11.2021, 06.12.2021, 02.12.2021, 29.11.2021, 29.11.2021, 29.11.2021, 29.11.2021, 29.11.2021, 29.11.2021, 25.11.2021, 25.11.2021, 29.11.2021, 29.11.2021, 29.11.2021, 29.11.2021, 25.11.2021, 29.11.2021, 02.12.2021, 06.12.2021, 24.11.2021, 29.11.2021, 01.12.2021, 01.12.2021, 29.11.2021, 29.11.2021, 29.11.2021, 29.11.2021, 01.12.2021, 25.11.2021, 29.11.2021, 25.11.2021, 25.11.2021, 29.11.2021, 29.11.2021, 29.11.2021, 06.12.2021, 25.11.2021, 29.11.2021, 25.11.2021, 29.11.2021, 29.11.2021, 25.11.2021, 01.12.

2021, 29.11.2021, 25.11.2021, 29.11.2021, 29.11.2021, 01.12.2021, 10.12.2021, 29.11.2021, 29.11.2021, 29.11.2021, 29.11.2021, 03.12.2021, 29.11.2021, 25.11.2021, 25.11.2021, 30.11.2021 respectively are disposed by the 1st respondent. Prayer in W.P.Nos.5015, 5023, 5543, 5547 & 5550 of 2022:- Writ Petitions filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Certiorarified Mandamus, calling for the records from the 2nd respondent relating to the impugned de-occupation notices issued in letter No.EC/N-II/13099/2017 dated 05.01.2022 and quash the same and further direct the respondents 2 and 3 not to take any further action.

For Petitioners ::

Mr.N.G.R.Prasad for Mr.R.Rajaram in all cases For Respondents ::

Mr.K.V.Sajeev Kumar Special Government Pleader for R1 in all cases Mr.P.Kumaresan Additional Advocate General assisted by Mrs.P.Veena Suresh Standing Counsel for R2 & R3 in all cases Mr.R.Sreerangan for R4 in WP No.620 of 2022 Contempt Petition No.1914 of 2019

1. P.Sundar

2. P.Mohankumar .. Petitioners -vs-

1. Thiru Rajesh Lakhoni, I.A.S., The Member Secretary Chennai Metropolitan Development Authority (CMDA) Thalamuthu Natarasan Maligai No.8, Gandhi Irwin Road Egmore, Chennai 600 008

2. Thiru M.Paranthaman Zonal Officer Zone VII (Ambattur) Greater Chennai Corporation Thiruvallur High Road Ambattur, Chennai 600 053

3. C.A.Ramasamy Asst. Secretary Legal Department Life Insurance Corporation of India Southern Zonal Office LIC Buildings, 153, Anna Salai Chennai 600 002 .. Respondents Contempt Petition filed under Section 11 of the Contempt of Courts Act, 1971 praying to punish the respondents for wilful disobedience of the order of this Court dated 04.04.2018 made in W.P.No.12455 of 2011.

Prayer in W.P.No.12455 of 2011:- Writ petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus directing the 1st and 2nd respondents herein to immediately demolish all illegal constructions in Jeeva Bima Nagar, Anna Nagar West Extension, Chennai-101, and further direct the respondents herein to stop immediately any further illegal constructions as prayed for in the petitioner's representation dated 28.03.2011. For Petitioners ::

Mr.R.Sreerangan for M/s L.Poompavai For Respondents ::

Mr.P.Kumaresan Additional Advocate General assisted by Mrs.P.Veena Suresh Standing Counsel for R1 Mr.K.Raja Shrinivas Standing Counsel for R2 Mr.R.S.Anandan for R3 COMMON ORDER

(Order of the Court was made by T.RAJA, J.) These 130 writ petitions have been filed by the petitioners challenging the impugned de-occupation notices dated 05.01.2022 issued pursuant to the locking and sealing and demolition notices dated 03.11.2021 issued by the Chennai Metropolitan Development Authority (for short, "the CMDA"), the second respondent herein, to quash the same with a consequential direction to the respondents 2 & 3 not to take any further action till the revisions filed by the respective petitioners dated 24.11.2021, 25.11.2021, 26.11.2021, 29.11.2021, 30.11.2021, 01.12.2021, 02.12.2021, 03.12.2021, 04.12.2021, 06.12.2021, 10.12.2021, are disposed of by the first respondent.

2. Mr.N.G.R.Prasad, learned counsel appearing for the petitioners in all the writ petitions submitted that when the Life Insurance Corporation of India (for short, "the LIC") advertised in the newspaper in the year 1993 inviting applicants for the purchase of single, double and three bedroom flats at Jeevan Bhima Nagar, Anna Nagar Western Extension, Chennai in S.No.253 (part) of Padi Village, one Mr.C.Vijayakumar, the petitioner in W.P.No.620 of 2022 purchased a single bedroom flat, namely, Flat No.2159, Block 40, Jeevan Bhima Nagar, Anna Nagar Western Extension, Chennai. Similarly, the other petitioners also purchased the respective flats and thereafter, the owners started occupying the flats from September 1995 onwards. But they were shocked to find out that there were no basic civil and social amenities provided in the entire complex.

After finding out the defective and sub-standard construction which are full of deficiencies in more than one way, they had given representations to rectify the defects. The Jeevan Bhima Nagar Flat Owners Welfare Association also approached the LIC urging them to rectify the defects on a war footing so as to safeguard the lives and properties of the residents. Unfortunately, there was no response and they disowned their liability altogether. Therefore, the Welfare Association approached the National Consumer Disputes Redressal Commission, New Delhi by filing a petition under Section 21 of the Consumer Protection Act seeking a direction to the LIC to rectify all the defects in the construction and also to strengthen the beams and columns wherever deep and long cracks were visibly found.

Considering the case of the Association, the National Consumer Disputes Redressal Commission took up the Original Petition No.155 of 1996 and during the course of trial, by order dated 8.11.

Consumer Disputes Redressal Commission, New Delhi. Thereafter, on the request of the LIC, the National Consumer Disputes Redressal Commission again appointed one Mr.Subramanian, the then Registrar of the State Consumer Disputes Redressal Commission, Chennai as a Commissioner to inspect all the flats and submit a report, in its order dated 17.02.2006. Accordingly, the Commissioner submitted his report certifying that there were cracks more visible in the staircases, portico and all the RCC pillars ranging from earth to terrace and the connecting cross beams were full of cracks explicitly visible. But the LIC did not carry out any repairs. Therefore, the Association again went back to the National Consumer Disputes Redressal Commission, New Delhi on the inaction shown by the LIC for carrying out the work of strengthening the buildings.

Finally the National Consumer Disputes Redressal Commission, in its order dated 10.01.2007, asked the Joint Registrar of the National Consumer Disputes Redressal Commission to visit the colony and submit a report. Again when the report dated 09.02.2007 was submitted to the National Consumer Disputes Redressal Commission, a direction was issued to the LIC on 02.01.2013 to carry out the work of strengthening the buildings and also imposed costs of Rs.5 lakhs. But the LIC failed to rectify the defects.

3. Continuing his arguments, Mr.Prasad also submitted that finding no positive response, the Association also lodged a criminal complaint on 14.07.2007 before the V3, J.J.Nagar Police Station. In the meanwhile, the second respondent-CMDA issued the locking and sealing and demolition notice dated 03.11.2021 under Section 56(2)(iii) and (2A) of the Town and Country Planning Act, 1971 requiring discontinuation of the usage of the deviated/unauthorised building and also to restore the construction in compliance with the planning permission granted under Section 49 of the Act. Challenging the same, appeals under Section 80-A of the Tamil Nadu Town and Country Planning Act have been filed before the first respondent and the same are pending.

When the residents of Jeevan Bhima Nagar are all belonging to the middle class and they have also purchased the flats by spending their hard earned money, which are found to be with all defects, if they are forced to vacate the premises, they would be put to face irreparable loss. Therefore, they were advised to come to this Court. Concluding his arguments, learned counsel appearing for the petitioners submitted that all the petitioners and the members of the Association were misled by the promoter/LIC, as though they have constructed the buildings as per the standards prescribed by law without leaving any room for raising any complaint whatsoever. When the petitioners and the members of the Association are innocent and bona fide purchasers of the flats, the impugned action initiated by the CMDA is unjustified.

Therefore, they have filed appeals before the first respondent.

question occupied by the petitioners belonging to middle class and purchased with the hard earned money are demolished, the loss to be suffered by them cannot be assessed, hence, the impugned notices are liable to be set aside.

4. Mr.K.V.Sajeev Kumar, learned Special Government Pleader appearing for the first respondent, relying upon the status report, emphatically submitted that when it is the admitted case of the petitioners that challenging the locking and sealing and demolition notices dated 03.11.2021, they have filed appeals under Section 80-A of the Tamil Nadu Town and Country Planning Act, as per the well settled legal position, the petitioners cannot maintain two proceedings, one before the appellate authority under Section 80-A of the Act and the other before this Court invoking Article 226 of the Constitution of India.

Continuing his arguments, he submitted that the invocation of the writ jurisdiction under Article 226 is normally denied, on the premise that if the petitioners are having an effective and alternative statutory remedy, the writ petitions should be dismissed directing them to approach the appellate authority for suitable relief. Again drawing our notice to paragraph-4 of the status report, Mr.Sajeev Kumar stated that there are 214 violators, out of them, 180 appellants including the present petitioners, have filed the revision petitions under Section 80-A of the Act for the subject buildings in question. When the petitioners have filed individual appeals before the statutory appellate authority, the appellate authority is bound to dispose of all these appeals on merit and as per law after receipt of the report from the CMDA.

Therefore, the petitioners cannot approach this Court when their appeals under Section 80-A of the Act are pending before the appellate authority for disposal on merit and in accordance with law.

5. Mr.P.Kumaresan, learned Additional Advocate General assisted by Mrs.P.Veena Suresh, learned Standing Counsel appearing for the respondents 2 & 3 also submitted that after filing the appeals under Section 80-A of the Act, 120 members of the Association have also responded to the CMDA by giving detailed representations and the same also have been forwarded to the appellate authority where the appeals are pending. Learned Additional Advocate General also informed this Court that the individual applications filed under Section 113-C of the Tamil Nadu Town and Country Planning Act will also be dealt with by the second respondent in the manner known to law, after the outcome of the appeals under Section 80-A of the Act, expeditiously.

6. Since the status report dated 9th April, 2022 filed by the Additional Secretary to Government (Technical), Housing and Urban Development Department, Chennai shows that all the

petitioners have already approached the appellate authority, the first respondent herein by filing statutory appeals under Section 80-A of the Tamil Nadu Town and Country Planning Act and the learned Special Government Pleader appearing for the first respondent also informed this Court that their appeals, after receipt of the report from the CMDA, will be disposed of on merits and as per law.

In the light of the averments made in paragraph-8 of the status report that at present around 2444 revision petitions have been filed and in several cases, appeals are being disposed of in compliance of the time bound orders that are being passed by this Court, we hereby direct the first respondent, namely, the Secretary to Government, Housing and Urban Development Department to consider the appeals filed by the petitioners on merit and dispose of the same in accordance with law expeditiously. Since the petitioners have also moved stay applications and the authority has not taken up the stay applications, we also direct the respondents 2 & 3 and the petitioners to maintain status quo, till the appeals are disposed of by the first respondent on merit and as per law expeditiously.

Although the learned counsel appearing for the impleaded fourth respondent in W.P.No.620 of 2022 requested this Court to direct the writ petitioners not to alienate the properties till the outcome of the appeals, we are of the considered view that the order of status quo will take care of the same and safeguard his interest. We also place on record the submission made by the learned Additional Advocate General appearing for the second respondent that the individual applications filed under Section 113-C of the Tamil Nadu Town and Country Planning Act will also be dealt with by the second respondent in the manner known to law, after the outcome of the appeals under Section 80-A, expeditiously.

7. With the above direction and observation, all the writ petitions are disposed of accordingly. Consequently, W.M.P.Nos.669, 6821, 6824, 6826, 6830, 6832, 6833, 1434, 1218, 3101, 1559, 3442, 3114, 1250, 5234, 1337, 1714, 1438, 1443, 1445, 1447, 1450, 1798, 1800, 1802, 1805, 1807, 1810, 1830, 1833, 1834, 1837, 1838, 1844, 1843, 1878, 1899, 1903, 1775, 1778, 1782, 1784, 1786, 3998, 6283, 5157, 5160, 5162, 3177, 3180, 3182, 3866, 3871, 3865, 4862, 4863, 4864, 4866, 4867, 4860, 4000 to 4003, 5159, 5163, 5164, 5168, 3825, 3828, 3779, 3781, 3786, 3793, 5809, 5813, 5815, 5819, 5822, 3991, 3985, 3996, 3988, 3993, 3263, 3264, 3266, 3268, 3270, 3812, 3814, 3817, 3819, 3824, 4407 to 4409, 4413, 6320, 6324, 6328, 6332, 6316, 4404, 4405, 4406, 6859, 6862, 6865, 6866, 6294, 6296, 6297, 6299, 4184, 6835, 5816, 5817, 5820, 5821, 5824 to 5827, 5832, 5834, 6839, 5126, 5131, 5135, 5137, 5664, 5647, 5650, 5673, 7049 of 2022 are closed. However, there is no order as to costs.

8. So far as the Contempt Petition No.1914 of 2019 is

concerned, since the writ petitioners before us have gone before the appellate authority by filing appeals under Section 80-A of the Act and their appeals have also been directed to be disposed of on merit and in accordance with law expeditiously by the order passed in the writ petitions today, we close this contempt petition giving liberty to the petitioners therein to prosecute the matter, if so advised, after the result of the appeals and also the orders to be passed under Section 113-C of the Act by the CMDA.

Sd/- Assistant Registrar(CS-IV) //True Copy// Sub Assistant Registrar ss To

1. The Secretary to Government Housing and Urban Development Department Fort St.George Chennai.

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

3. The Senior Planning Officer Enforcement Cell CMDA North Divison, Zone-7 Thalamuthu Natarajan Building No.1, Gandhi Irwin Road Egmore, Chennai 600 008.

4. The Zonal Officer Zone VII (Ambattur) Greater Chennai Corporation Thiruvallur High Road Ambattur, Chennai 600 053.

5. The Asst. Secretary

Legal Department Life Insurance Corporation of India Southern Zonal Office, LIC Buildings, 153, Anna Salai, Chennai 600 002.

+1cc to Mr.D.Ashok Kumar, Advocate, S.R.No.25128 +1cc to Mr.R.S.Anandan, Advocate, S.R.No.24952 +1cc to the Government Pleader, S.R.No.25115 +1cc to Mr.Sri Rangan, Advocate, S.R.No.31697 [23/05/2022] W.P.Nos.620 of 2022 etc. batch RT(CO) RLP(16/05/2022)