Krisp Laboratories Pvt Ltd v. The Secretary

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 20.02.2019 CORAM :

The Hon'ble Mrs.V.K.TAHILRAMANI, CHIEF JUSTICE AND The Hon'ble Mr.JUSTICE M.DURAISWAMY W.P. No.3704 of 2019 and W.M.P.Nos.4082 and 4083 of 2019 KRISP Laboratories Private Ltd., Rep. by its Authorised Signatory.

.. Petitioner -vs1.The Secretary, Housing and Urban Development Dept., Govt. of Tamil Nadu, Secretariat, Chennai 600 009.

2.The Corporation of Greater Chennai, Rep. by its Commissioner, Ripon Buildings, Chennai 600 003.

3.The Executive Engineer, Zone-11, Corporation of Greater Chennai, Valasarawakkam, Chennai 600 116.

4.The Zonal Officer, Zone-11, Corporation of Greater Chennai, Valasarawakkam, Chennai 600 116.

5.Sundarapandian Family Trust, Rep. by its Trustee.

6.M/s.Senthil Estates, Rep. by Mr.C.Sundarapandian.

7.The Additional Secretary (Technical) The Housing and Urban Development Dept., 3rd Floor, Namakkal Kavignar Maligai, Secretariat, Chennai 600 009.

.. Respondents

Petition filed under Article 226 of the Constitution of India praying for issue of Writ of Mandamus to direct the 1st respondent to expeditiously dispose off the Appeal dated 25.06.2018 filed by the petitioner under Section 80-A of the Tamil Nadu Town and Country Planning Act, 1971 challenging the Locking and Sealing Notice No.68/2018 dated 08.03.2018, Deoccupation Notice No.EE/Zone XI/ 68/2018 dated 06.04.2018 and order Z.OXI.C.No.E3.4639/2018 dated 14.06.2018 issued by the 3rd respondent.

For Petitioner :

Mr.Rahul Balaji For Respondents :

Mr.V.Jayaprakash Narayanan Govt. Pleader (i/c.) for RR 1 & 7 :

Mr.C.Ravichandran Stdg. Counsel for RR 2 to 4

O R D E R

(Order of the Court was made by The Hon'ble Chief Justice) Heard Mr.Rahul Balaji, learned counsel for the petitioner, Mr.V.Jayaprakash Narayanan, learned Government Pleader (i/c.) appearing for respondent nos.1 and 7 and Mr.C.Ravichandran, learned Standing Counsel, appearing for respondent nos.2 to 4. 2.The case of the petitioner is that he was issued a Locking and Sealing Notice No.68/2018 dated 08.03.2018 by the third respondent. Thereafter, the petitioner was issued deoccupation notice dated 06.04.2018. The petitioner preferred an appeal on 25.06.2018 under Section 80-A of the Tamil Nadu Town and Country Planning Act, 1971, challenging both the Locking and Sealing notice and the de-occupation notice.

3.The learned counsel for the petitioner submitted that though the hearing is over on 04.09.2018, which is also admitted by the learned counsel for respondent nos.2 to 4, till today, no orders are passed in the said appeal. Thus, the limited prayer of the petitioner is that the concerned authority, i.e., respondent no.1 / respondent no.7 be directed to dispose of the appeal expeditiously.

4.In view of the limited prayer sought for by the petitioner, without going into the merits of the matter, the concerned authority, i.e., respondent no.1 / respondent no.7 is directed to dispose of the appeal within four weeks of receipt of a copy of this order.

The writ petition is disposed with the above direction. No costs. Consequently, W.M.P.Nos.4082 and 4083 of 2019 are closed. Sd/- Assistant Registrar(CO) //True copy// Sub Assistant Registrar sra To 1.The Secretary, Housing and Urban Development Dept., Govt. of Tamil Nadu, Secretariat, Chennai 600 009.

2.The Commissioner, Corporation of Greater Chennai, Ripon Buildings, Chennai 600 003.

3.The Executive Engineer, Zone-11, Corporation of Greater Chennai, Valasarawakkam, Chennai 600 116.

4.The Zonal Officer, Zone-11, Corporation of Greater Chennai, Valasarawakkam, Chennai 600 116.

5.The Additional Secretary (Technical) The Housing and Urban Development Dept., 3rd Floor, Namakkal Kavignar Maligai, Secretariat, Chennai 600 009.

+1cc to Mr.C.Ravichandran, Advocate SR.No.15372 +2cc to Mr.R.Parthasarathy, Advocate SR.No.15534 +1cc to Government Pleader SR.No.15764 W.P.No.3704 of 2019 SSK(CO) GMY(14/03/2019)