P.Velmurugan v. The Additional Secretary,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 19.03.2024 CORAM :
THE HON'BLE MR. JUSTICE S.S.SUNDAR AND THE HON'BLE MR.JUSTICE N.SENTHILKUMAR P.Velmurugan ..
Petitioner v.
1. The Additional Secretary Housing and Urban Development Department St.George Fort, Secretariat, Chennai 600 009
2. The Secretary Tamil Nadu Slum Clearance Board Kamaraj Salai, Triplicane Chennai 600 005
3. The Commissioner Greater Chennai Corporation Ripon Building Chennai 600 003
4. The Executive Engineer Greater Chennai Corporation, Zone-7 Chennai
5. The Area Square Engineer Greater Chennai Corporation, Division-83 Unit 18, Zone VII Thiruvallur High Road Ambathur, Chennai
6. The Assistant Executive Engineer Division-83, Unit 18, Zone VII Thiruvallur High Road Ambathur, Chennai
7. The Chairman TANGEDCO Mount Road, Chennai
8. The Executive Engineer TANGEDCO Ambathur (Central), Chennai
9. The Assistant Executive Engineer OEM / Annai Nagar CEDC/ West Anna Nagar Korattur, Chennai 600 040 10.Sridher ..
Respondents Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Certiorari, to call for the records relating to the order passed by the 1st respondent vide Reference Letter Number 2762/ UD-VI(1)/2021-2 dated 12.04.2021 based on the De-Occupation Notice vide Notice No.Zone/TPENF/412/2018 dated 02.01.2020 sent by the respondents Nos.3 to 6 and quash the same based on the G.O. (Ms).83 dated
11.06.2019.
For Petitioner ::
Mr.N.Vijaya Basker For Respondents ::
Mrs.V.Yamuna Devi Special Government Pleader for R1 Mr.S.Karthikeyan Standing Counsel for R2 Mr.E.C.Ramesh Standing Counsel for R3 to R6 No appearance for R7 to R9 Mr.J.Selvaraja for R10
ORDER
(Order of the Court was made by S.S.SUNDAR,J.) This writ petition is filed for issuance of a writ of certiorari to call for the records relating to the order passed by the 1st respondent vide Reference Letter Number 2762/ UD-VI(1)/2021-2 dated 12.04.2021 based on the DeOccupation Notice vide Notice No.Zone/TPENF/412/2018 dated 02.01.2020 sent by the respondents Nos.3 to 6 and quash the same based on the G.O. (Ms).83 dated 11.06.2019.
2. At the instance of the tenth respondent, who is a neighbour of the
petitioner, the respondents 3 to 6 have issued de-occupation notice dated 02.01.2020 to the petitioner. The petitioner, challenging the said notice, has filed a revision under Section 80-A of the Tamil Nadu Town and Country Planning Act, 1971 before the first respondent, which was later dismissed on 12.04.2021. The petitioner has filed this writ petition challenging the order dated 12.04.2021 passed by the first respondent in the revision petition filed under Section 80-A of the Tamil Nadu Town and Country Planning Act.
3. The learned counsel for petitioner has produced before this Court an order dated 07.03.2022 passed by the first respondent exempting the petitioner's building bearing Door No.13, Gandhi Nagar, Cross Street, Srinivasapuram, Korattur, Chennai from obtaining planning approval from the concerned planning authority as well as the Government. In view of the subsequent order passed by the first respondent dated 07.03.2022, the learned counsel for the petitioner states that nothing survives for adjudication in this writ petition.
4. Though the learned counsel appearing for tenth respondent has serious objections, this Court has no reason to keep this writ petition pending, when the order impugned in this writ petition has already been modified by another order of Government dated 07.03.2022. In the result, this writ petition stands closed recording the submission of the learned counsel for the petitioner in pursuance of the order passed by the first respondent dated 07.03.2022. Consequently, W.M.P.Nos.1193 & 1198 of 2022 are also closed. No order as to costs.
Index : yes/no (S.S.S.R.,J.) (N.S.,J.) 19.03.2024 ss To
1. The Additional Secretary Housing and Urban Development Department St.George Fort, Secretariat, Chennai 600 009
2. The Secretary Tamil Nadu Slum Clearance Board Kamaraj Salai, Triplicane Chennai 600 005
3. The Commissioner Greater Chennai Corporation Ripon Building Chennai 600 003
4. The Executive Engineer Greater Chennai Corporation Zone-7, Chennai
5. The Area Square Engineer Greater Chennai Corporation, Division-83 Unit 18, Zone VII Thiruvallur High Road Ambathur, Chennai
6. The Assistant Executive Engineer Division-83, Unit 18, Zone VII Thiruvallur High Road Ambathur, Chennai
7. The Chairman TANGEDCO Mount Road, Chennai
8. The Executive Engineer TANGEDCO Ambathur (Central), Chennai
9. The Assistant Executive Engineer OEM / Annai Nagar CEDC/ West Anna Nagar Korattur, Chennai 600 040
S.S.SUNDAR,J.
AND N.SENTHILKUMAR,J.
ss 19.03.2024