Madras High CourtWP/5394/2017disposed of

Dr.S.Arun Kumar v. Member Secretary

2017-03-03Honourable The Acting Chief Justice,Honourable Mr Justice R. Mahadevan3 pages

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.5394 of 2017 and W.M.P.No.5719 of 2017 Dr.S.Arun Kumar .. Petitioner Vs 1 The Member Secretary Chennai Metropolitan Development Authority Gandhi Irwin Road Egmore, Chennai-600 008.

2 The Executive Engineer Greater Corporation of Chennai Zonal Office - X No.117 NSK Salai Kodambakkam Chennai-600 024.

.. Respondents PRAYER: Petition under Article 226 of the Constitution of India for issuance of a writ of Certiorari calling for the records in the impugned Locking & sealing and Demolition notice No.ZONE10/TP ENFORCEMENT/00123/2017, dated 10.02.2017 issued by the 2nd respondent and quash the same.

For Petitioner : Mr.S.Udhayakumar For Respondents : Mr.K.Rajasrinivas for 1st respondent Mr.A.Nagarajan for 2nd respondent

ORDER

(Order of the Court was made by the Acting Chief Justice) Mr.K.Rajasrinivas, learned counsel takes notice for the first respondent. Mr.A.Nagarajan, learned counsel takes notice for the second respondent.

2. Heard the learned counsel for the parties.

3. The petitioner has filed this writ petition seeking issuance of a writ of Certiorari calling for the records in the impugned Locking & sealing and Demolition notice No.ZONE-10/TP ENFORCEMENT/ 00123/2017, dated 10.02.2017 issued by the second respondent and quash the same.

4. The petitioner claims to be the owner of the building, having constructed the same during August, 1997. The CMDA issued notice on 30.3.1999 to the petitioner to avail of the regularization scheme. The petitioner submitted regularization application on 31.10.2000. However, till date the same has not been considered, but on 10.2.2017, Lock & Seal and Demolition Notice has been issued by the second respondent. Challenging the same, the present writ petition is filed.

5. It is not in dispute that the regularization application filed by the petitioner on 31.10.2000 had not been disposed of till date by the respondent/authorities. In such view of the matter, we direct the respondent/authorities to consider the regularization application of the petitioner dated 31.10.2000 and pass appropriate orders in accordance with law, of course 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 regularization application, no coercive steps shall be taken by the respondent authorities. The writ petition is disposed of accordingly. No costs. Consequently, connected miscellaneous petition is closed. -s/dAssistant Registrar True Copy Sub-Assistant Registrar sasi To:

1 The Member Secretary Chennai Metropolitan Development Authority Gandhi Irwin Road Egmore, Chennai-600 008.

2 The Executive Engineer Greater Corporation of Chennai Zonal Office - X No.117 NSK Salai Kodambakkam Chennai-600 024.

+1 cc to M/s.S.Udayakumar Advocate sr 14372 +1 cc to M/s.K.Rajashrinivas Advocate sr 13896 +1 cc to M/s.A.Nagarajan Advocate sr 14011 W.P.No.5394 of 2017 gml(co) aa14/03/2017