S.Prema v. The State Of Tamil Nadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.02.2023

CORAM:

THE HONOURABLE MR.JUSTICE S.S.SUNDAR AND THE HONOURABLE MR. JUSTICE A.A.NAKKIRAN & WMP.No.2943/2023 S.Prema .. Petitioner Vs.

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

2.The Commissioner Ripon Building, Periyamet Chennai 600 003.

3.The Executive Engineer Zone-14, Greater Chennai Corporation Puzhuthivakkam Main Road Perungudi, Chennai 600 091.

4.The Assistant Executive Engineer Zone-14, Division-43, Ward 191 Veerathamman Kovil Street, Jalladiyanpet, Chennai 600100.

.. Respondents Prayer:- Writ petition filed under Article 226 of the Constitution of India praying for issuance of a writ of certiorarified mandamus calling for the records of de-occupation notice Letter No.14/00103/2023 dated 10.01.2023 issued by 3rd and 4th respondents and quash the same and directing the 3rd and 4th respondents to consider the Regularisation Order, G.O [3D] No.60, dated 10.02.2016 issued by the 1st respondent in respect of the building in S.No.224/1A1B2, Plot No.6 Door No.1/842B, Jansi Rani Street, Jalladianpet, before initiating any proceedings about the violations in construction under Town and Country Planning Act. For Petitioner :

Mr.P.Thiyagarajan For R1 :

Ms.R.L.Kathika, Govt. Advocate For RR 2 to 4 :

Mr.D.B.R.Prabhu Standing counsel

ORDER

[Order of the Court was made by S.S.SUNDAR, J.,] (1) Learned counsel for the petitioner seeks permission of this Court to withdraw this writ petition, however with liberty to challenge the order impugned by way of a Revision under Section 80-A of the Town and Country Planning Act, 1971. Learned counsel however states that respondents 2 to 4 may be refrained from locking and sealing the premises till such time, the petitioner files the Revision before the 1st respondent and gets an interim order. He has also made an endorsement in the petition to that effect. (2) Considering the submission of the learned counsel for the petitioner, this writ petition stands dismissed as withdrawn. However, liberty is given to the petitioner to approach the 1st respondent/Government by way of Revision under Section 80-A of the Town and Country Planning Act, 1971. Since the petitioner is availing the appellate remedy, respondents 2 to 4 shall not take any coercive action for a period of two weeks from the date of receipt of a copy of this order for the petitioner to file a Revision before

the 1st respondent in accordance with law. In case, Revision petition is filed by the petitioner before the Government, the Government may consider the Interlocutory Application that may be filed by the petitioner in accordance with law. No costs. Consequently, connected miscellaneous petition is closed. [SSSRJ] [AANJ] 03.02.2023 AP Internet : Yes

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

2.The Commissioner Ripon Building, Periyamet Chennai 600 003.

3.The Executive Engineer Zone-14, Greater Chennai Corporation Puzhuthivakkam Main Road Perungudi, Chennai 600 091.

4.The Assistant Executive Engineer Zone-14, Division-43, Ward 191 Veerathamman Kovil Street, Jalladiyanpet, Chennai 600100.

S.S.SUNDAR, J., AND A.A.NAKKIRAN, J., AP 03.02.2023