S.Mahendra Kumar v. The Secretary To Government,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 03.03.2023
CORAM
THE HONOURABLE Ms. JUSTICE V.M.VELUMANI AND THE HONOURABLE Mr. JUSTICE V.LAKSHMINARAYANAN AND W.M.P.No.1634 of 2023 S.Mahendra Kumar .. Petitioner Vs.
1.The Secretary to Government Housing and Urban Development Department Government of Tamil Nadu Fort St. George, Chennai 600 009 2.The Member Secretary Chennai Metropolitan Development Authority Thazhamuthu Natarajan Building No.1, Gandhi Irwin Road Egmore, Chennai 600 008 3.The Commissioner Greater Chennai Corporation Chennai 600 003 1/6
4.The Executive Engineer Zone-10, Greater Chennai Corporation No.117, N.S.K. Salai Kodambakkam, Chennai 600 024 .. Respondents Petition filed under Article 226 of the Constitution of India praying to issue a writ of mandamus forbearing the respondents 3 and 4, their men, agents, servants or anyone acting under them not to proceed in any manner or take any coercive steps in pursuance of the de-occupation notice dated 24.09.2020 in letter No.10/00013/2020 under Section 56(2-A) and 57 read with Section 85 of the Town and Country Planning Act, 1971, relating to premises situate at Chennai District, Greater Chennai Corporation, Mambalam Village, No.29/18, Vandikaran Street (Reddykuppam Road), Panneerselvam Nagar, West Mambalam, Chennai 600 033, pending determination of the application filed by the writ petitioner under Section 113-C of the Tamil Nadu Town and Country Planning Act of 1971 (under building regularisation scheme-2017) before the 2nd respondent vide receipt No.CMDA/Reg-113C/2165/2021 dated 09.02.2021.
For Petitioner : Mr.K.Raja Srinivas for Mr.N.Ganesh For R1 : Mr.A.Selvendran Special Government Pleader For R2 :
Mr.C.N.Vinobha Standing Counsel For R3 and R4 :
Mr.D.B.R.Prabhu Standing Counsel
O R D E R
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(Order of the Court was made by V.LAKSHMINARAYANAN, J.) The prayer in the writ petition is as follows : "To issue a writ of mandamus forbearing the respondents 3 and 4, their men, agents, servants or anyone acting under them not to proceed in any manner or take any coercive steps in pursuance of the de-occupation notice dated 24.09.2020 in letter No.10/00013/2020 under Section 56(2-A) and 57 read with Section 85 of the Town and Country Planning Act, 1971, relating to premises situate at Chennai District, Greater Chennai Corporation, Mambalam Village, No.29/18, Vandikaran Street (Reddykuppam Road), Panneerselvam Nagar, West Mambalam, Chennai 600 033, pending determination of the application filed by the writ petitioner under Section 113-C of the Tamil Nadu Town and Country Planning Act of 1971 (under building regularisation scheme-2017) before the 2nd respondent vide receipt No.CMDA/Reg-113C/2165/2021 dated 09.02.2021."
2. By consent of both the learned counsel appearing for the petitioner 3/6
as well as Mr.A.Selvendran, learned Special Government Pleader, who takes notice for the 1st respondent, Mr.C.N.Vinobha, learned Standing Counsel, who takes notice for the 2nd respondent and Mr.D.B.R.Prabhu, learned Standing Counsel who takes notice for the 3rd respondent, the Writ Petition is taken up for final disposal at the stage of admission itself.
3. We heard the learned counsel appearing for the petitioner, the learned Special Government Pleader and the learned Standing Counsels appearing for the respondents and carefully perused the material records.
4. The writ petitioner does not challenge the constitutional validity of the G.O.(Ms) No.110, Housing and Urban Development [UD4(3)] Department, dated 22.06.2017. However, the papers produced before this Court shows that an application for regularisation was filed by the writ petitioner on 25.09.2020 and he had paid the processing charges. The Hon'ble First Bench of this Court has directed the planning authorities to receive the applications filed under Section 113-C of the Tamil Nadu Town and Country Planning Act, 1971, process it, but not pass final orders, 4/6
pending disposal of the constitutional validity.
5. The writ petitioner, having filed an application for regularisation, the 2nd respondent is directed to process the same, but not to pass final orders, pending disposal of the writ petition challenging the constitutional validity. Till the time the decision is rendered by this Court in the writ petition challenging the constitutional validity, no coercive steps shall be taken by the respondents against the petitioner's building situated at No.29/18, Vandikaran Street (Reddykuppam Road), Panneerselvam Nagar, West Mambalam, Chennai 600 033.
With the above direction, the Writ Petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed. (V.M.V.,J.) (V.L.N.,J.) 03.03.2023 Index : Yes/No gya V.M.VELUMANI, J.
AND 5/6
V.LAKSHMINARAYANAN, J.
gya To 1.The Secretary to Government Housing and Urban Development Department Government of Tamil Nadu Fort St. George, Chennai 600 009 2.The Member Secretary Chennai Metropolitan Development Authority Thazhamuthu Natarajan Building No.1, Gandhi Irwin Road Egmore, Chennai 600 008 3.The Commissioner Greater Chennai Corporation Chennai 600 003 4.The Executive Engineer Zone-10, Greater Chennai Corporation No.117, N.S.K. Salai Kodambakkam, Chennai 600 024 03.03.2023 6/6