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Madras High CourtWP/2018/2025dismissed

M/S.Sports Sanity v. The State Of Tamil Nadu

2025-01-23Honourable Mr Justice R. Subramanian,Honourable Mr.Justice C.Kumarappan5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 23.01.2025

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN AND THE HONOURABLE MR.JUSTICE C.KUMARAPPAN Writ Petition No.2018 of 2025 and WMP No.2349 of 2025 M/s.Sports Sanity Rep. by its Partner, Mr.K.R.Karthi Survey No.10, Village No.66, 11/6, Sathya Nagar, Ramapuram Main Road, Manapakkam, Chennai 600 116.

.. Petitioner Vs.

1. The State of Tamil Nadu, Rep. by its Secretary to Government, Housing and Urban Development Department, Fort St. George, Secretariat, Chennai 600 009.

2. The Executive Engineer,

3. The Assistant Executive Engineer, Unit 35, Zone 12, Greater Chennai Corporation, 1/5

4. The Assistant Engineer, Division No.157,

5. Mrs. Swarnalatha Sundaram

6. Mr.Sivakumar ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying for, to issue a Writ of Mandamus, forbearing the respondents from in any manner locking and sealing of the premises in Survey No.10, Village No.66, 11/6, Sathya Nagar, Ramapuram Main Road, Manapakkam, Chennai 600 116, pending disposal of the Appeal under Section 80A of the Tamil Nadu Town and Country Planning Act, 1971.

For Petitioner : Ms.A.L.Gandhimath, Senior Counsel for Mr. L.Palani Muthu For Respondents : Mr.P. Balathandayutham, Special Govt. Pleader, for R1 Ms. S.Vanitha Joice Rani, Standing Counsel, for RR 2, 3 and 4 ******** 2/5

ORDER

(Order of the Court was delivered by R.SUBRAMANIAN, J.) A large scale violation extending to about 20,000 Sq. feet is complained of and notices have been issued even in November 2024, requiring the petitioner to secure compliance with the sanctioned plan.

2. Finding that the same has not been complied with, the petitioner has been visited with the notice under Sections 56(2)(a) and 57 of the Tamil Nadu Town and Country Planning Act, on 08.01.2025 for locking and Sealing of the building. It is seen that the petitioner has also applied under Section 80(A) challenging the de-occupation and lock and Seal notice.

3. Leaving it open to the petitioner to prosecute the Appeal including seeking a prayer for stay of all further proceedings under Sub Section 3 of Section 80 (A), this Writ Petition is dismissed. There shall be no order as to costs. Consequently, the connected miscellaneous petition is closed. (R.SUBRAMANIAN, J.) (C.KUMARAPPAN, J.) jv 23.01.2025 3/5

Index: Yes/No Speaking order/Non Speaking order To

1. The Secretary to Government, Government of Tamil Nadu, Housing and Urban Development Department, Fort St. George, Secretariat, Chennai 600 009.

2. The Executive Engineer,

3. The Assistant Executive Engineer, Unit 35, Zone 12, Greater Chennai Corporation,

4. The Assistant Engineer, Division No.157, 4/5

R.SUBRAMANIAN, J.

and C.KUMARAPPAN, J.

(jv) Writ Petition No.2018 of 2025 23.01.2025 5/5