Mr.P.J.Shyamala, v. The Secretary To Government

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 27.03.2017

CORAM

THE HON'BLE MR.HULUVADI G.RAMESH, ACTING CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE RMT.TEEKAA RAMAN W.P.No.7452 of 2017 and W.M.P.Nos.8132 & 8133 of 2017 P.J.Shyamala .. Petitioner Vs.

1 The Secretary to Government Housing and Urban Development Department Government of Tamil Nadu Fort St. George Chennai 600 009 2 The Assistant Engineer Unit 78, Greater Chennai Corporation, No.5, Anderson Street 3 The Assistant Executive Engineer Unit 17, Greater Chennai Corporation No.5 Anderson Street 4 The Executive Engineer Zone VI, Greater Chennai Corporation, No.5 Anderson Street, .. Respondents PRAYER: Petition under Article 226 of the Constitution of India for issuance of a writ of Mandamus forbearing the respondents 2 to 4 or their men officials subordinates or anybody acting under or in trust for them from locking and sealing the premises bearing Door No. 94,

Choolai High Road, Choolai , Chennai 600 112 as contained in the notice dated 24.02.2017 of the respondents 2 to 4 herein under reference Notice No. Z.06/C.No. 18/2017 pending disposal of the petitioners statutory appeal before the 1st respondent dated 23.03.2017.

For Petitioner : Mr.Ashok Menon For Respondents : Mr.R.Vijayakumar Addl. Government Pleader for 1st respondent Mr.R.Arunmozhi for respondents 2 to 4

ORDER

(Order of the Court was made by the Acting Chief Justice) Mr.R.Vijayakumar, learned Additional Government Pleader takes notice for the first respondent. Mr.R.Arunmozhi, learned counsel takes notice for respondents 2 to 4.

2. Heard the learned counsel for the parties.

3. The petitioner has filed this writ petition seeking issuance of a Writ of Mandamus forbearing the respondents 2 to 4 or their men officials subordinates or anybody acting under or in trust for them from locking and sealing the premises bearing Door No. 94, Choolai High Road, Choolai , Chennai 600 112 as contained in the notice dated 24.02.2017 of the respondents 2 to 4 herein under reference Notice No. Z.06/C.No. 18/2017 pending disposal of the petitioners statutory appeal before the 1st respondent dated 23.03.2017.

4. The petitioner claims to be the owner of the building along with the lease hold right of the land in respect of the premises bearing Door No.94, Choolai High Road, Choolai, Chennai. Prior to the purchase of the building, the erstwhile owner had applied to the Chennai Corporation for planning permit and building approval.

It is stated that due to certain deviations, respondents 2 to 4 issued a lock and seal notice on 24.02.2017. Against the same, the petitioner has preferred a special revision before the first respondent under Section 80-A of the Act along with a petition for stay. However, it is alleged that no orders have been passed by the first respondent even in the stay petition till date. The petitioner is apprehending that the respondents 2 to 4 would take coercive steps to demolish the building. Hence, the present writ petition is filed.

5. Considering the facts and circumstances of the case, we direct the first respondent to consider the special revision petition and the stay petition filed by the petitioner 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 special revision petition, no coercive steps shall be taken by the respondent authorities.

6. The writ petition is disposed of accordingly. No costs. Consequently, W.M.P.Nos.8132 & 8133 of 2017 are closed. Sd/- Asst.Registrar (CS VIII ) /true copy/ Sub Asst. Registrar bbr To:

1 The Secretary to Government Housing and Urban Development Department Government of Tamil Nadu Fort St. George Chennai 600 009 2 The Assistant Engineer Unit 78, Greater Chennai Corporation, No.5, Anderson Street 3 The Assistant Executive Engineer Unit 17, Greater Chennai Corporation No.5 Anderson Street

4 The Executive Engineer Zone VI, Greater Chennai Corporation, No.5 Anderson Street, +2 ccs to Mr. Ashok Menon, Advocate, sr 18855 +1 cc to Mr. R.Arunmozhi, Advocate, sr 18837 +1 cc to Government Pleader, sr 19482 W.P.No.7452 of 2017 gj(co) rmp(10/04/17)