Heritage Jayendra Nagar House v. The State Of Tamil Nadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.03.2017

CORAM

THE HON'BLE MR.HULUVADI G.RAMESH, ACTING CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE R.MAHADEVAN W.P.No.5386 of 2017 and W.M.P.No.5715 of 2017 Heritage Jayendra Nagar House Owners Association Rep. by its Secretary Mr.S.L.O. Jones Sembakkam, Kancheepuram District, Tambaram Taluk, Chennai - 600 073. .. Petitioner Vs.

1 The State of Tamil Nadu rep. by its Secretary Housing and Urban Development Department Fort St. George, Chennai - 9.

2 The Commissioner Sembakkam Municipality Sembakkam, Tambaram Taluk Kancheepuram, Chennai - 600 073.

.. Respondents PRAYER: Petition under Article 226 of the Constitution of India for issuance of a writ of Mandamus forbearing the respondents 1 and 2 from in any manner initiating any coercive action of locking sealing and demolition of the public toilet put up in Ward No.3 Heritage Jayendra Nagar Park Heritage Jayendra Nagar Sembakkam Chennai 73 till the disposal of the petitioners Appeal under Section 79 of the Tamil Nadu country planning act dated 20.01.2017 pending on the file of the 1st respondent. For Petitioner : Mr.L.Chandrakumar For Respondents : Mr.R.Vijayakumar Addl. Government Pleader

ORDER

(Order of the Court was made by the Acting Chief Justice) Mr.R.Vijayakumar, learned Additional Government Pleader takes notice for the respondents.

2. Heard the learned counsel for the parties.

3. The petitioner has filed this writ petition seeking issuance of a writ of Mandamus forbearing respondents 1 and 2 from in any manner initiating any coercive action of locking sealing and demolition of the public toilet put up in Ward No.3, Heritage Jayendra Nagar Park, Heritage Jayendra Nagar, Sembakkam, Chennai - 600 073 till the disposal of the petitioner's appeal under Section 79 of the Tamil Nadu Town and Country Planning Act dated 20.01.2017 pending on the file of the 1st respondent.

4. The petitioner/House Owners Association is a non-gated community of 280 individual houses. The petitioner/association constructed a public toilet in Park-I Area under the Swacch Bharat Scheme out of its own funds for public utility. The second respondent issued notice on 17.11.2016 to demolish the public toilet within three days. The petitioner filed an appeal before the first respondent under Section 79 of the said Act on 20.1.2017 along with a petition for stay. However, no order has been passed till date. Hence, the present writ petition.

5. Considering the facts and circumstances of the case, we direct the first respondent to consider the appeal filed by the petitioner on 20.1.2017 and pass appropriate orders, on merits and in accordance with law, after affording an opportunity of hearing to the petitioner within three months from the date of receipt of a copy of this order. Till the disposal of the appeal, no coercive steps shall be taken by the respondent authorities.

The writ petition is disposed of accordingly. No costs. Consequently, the connected miscellaneous petition is closed. -s/dAssistant Registrar True Copy Sub-Assistant Registrar sasi

To:

1 The Secretary State of Tamil Nadu Housing and Urban Development Department Fort St. George, Chennai 9.

2 The Commissioner Sembakkam Municipality Sembakkam, Tambaram Taluk Kancheepuram, Chennai 600 073.

+1 cc to M/s.L.Chandrakumar Advocate sr 13819 +1 cc to Government Pleader sr 14253 W.P.No.5386 of 2017 skv(co) aa14/03/2017