V.K.C.Prekassh v. Government Of Tamil Nadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 31.01.2025

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN AND THE HONOURABLE MR.JUSTICE C.KUMARAPPAN W.P.No. 3426 of 2025 and W.M.P.No. 3813 of 2025 1.V.K.C.Prekassh 2.V.K.C.Shanthakumar

...Petitioners

Vs.

1.Government of Tamil Nadu, Rep. by Secretary, Housing and Urban Development Department, Fort St.George, Chennai - 600 009.

2.The Commissioner, Greater Chennai Corporation, Rippon Building, Chennai - 600 003.

3.The Executive Engineer, Zone - VIII, Greater Chennai Corporation, 2nd Cross Street, Pullah Avenue, Shenoy Nagar, Chennai - 600 030.

...Respondents

Prayer: Writ Petition filed under 226 of the Constitution of India for issuance of Writ of Mandamus, forbearing the respondents 2 & 3 from in 1/4

any way interfering with the petitioners building put up at property bearing Door No.12, Boopathi Nagar, Ayanavaram, Chennai - 600023 comprised in T.S.No.117/10 & 117/24, Block No.15 of Ayanavaram Village pending final determination of petitioners Special Revision Petition and stay petition dated 22.01.2025 acknowledged by the 1st respondent on 23.01.205 filed under Section 80(A) and 80A(3) of the Tamil Nadu Town and Country Planning Act with the 1st respondent.

For Petitioner : Mr.L.Chandrakumar For Respondent : Mr.P.Balathandayutham Special Government Pleader for R1 Ms.Aswini Devi for R2 & R3

O R D E R

The petitioner seeks a mandamus forbearing the respondents 2 & 3 from proceeding with enforcement action under Sections 56 & 57 of the Tamil Nadu Town and Country Planning Act, 1971 pending disposal of his Special Revision Petition said to have been filed under Section 80-A of the said Act.

2. If the prayer is granted, this constitutional Court will be reduced to the status of the Secretary to Government to exercise powers under Section 80-A. Section 80-A(iii) provides for grant of interim orders by the 2/4

Government itself. Therefore, this Writ Petition is disposed of with a direction to the Government to dispose of the said petition filed by the petitioners under Section 80-A (iii) within a period of four weeks from the date of receipt of a copy of this order. No costs. Consequently, connected miscellaneous petition is closed.

(R.S.M., J.) (C.K., J.) 31.01.2025 kkn Index: No Speaking To:

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

2.The Commissioner, Greater Chennai Corporation, Rippon Building, Chennai - 600 003.

3.The Executive Engineer, Zone - VIII, Greater Chennai Corporation, 2nd Cross Street, Pullah Avenue, Shenoy Nagar, Chennai - 600 030.

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R.SUBRAMANIAN, J.

and C.KUMARAPPAN, J.

KKN W.P.No. 3426 of 2025 and W.M.P.No. 3813 of 2025 31.01.2025 4/4