R.Subramaniam v. The Secretary To Government

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 22.02.2019 CORAM :

The Hon'ble Mrs.V.K.TAHILRAMANI, CHIEF JUSTICE AND The Hon'ble Mr.JUSTICE M.DURAISWAMY W.P. No.4980 of 2019 and W.M.P.Nos.5683 of 2019 R.Subramaniam .. Petitioner -vs1.The Secretary to Government, Housing and Urban Development, Fort St. George, Chennai 600 009.

2.The Executive Engineer, Greater Chennai Corporation, (MTH Road Zone-7, (Ambattur), Chennai 600 053.

.. Respondents Petition filed under Article 226 of the Constitution of India praying for issue of Writ of Mandamus to direct the 1st respondent to dispose of the revision petition submitted by the petitioner to the 1st respondent on 07.01.2019 in respect of the petition mentioned property situate at Survey Nos.221 and 222/2 bearing Plot No.143, Annai Nagar, Korattur Village, Ambattur Taluk, Thiruvallur District within a time frame as fixed by this Court.

For Petitioner :

Mr.R.Abdul Mubeen For Respondents :

Mr.S.Kamalesh Kannan Govt. Advocate for R-1 :

Mr.C.Ravichandran Stdg. Counsel for R-2 * * * * *

O R D E R

(Order of the Court was made by The Hon'ble Chief Justice) Heard the learned counsel for the petitioner and Mr.S.Kamalesh Kannan, learned Government Advocate, who takes notice on behalf of respondent no.1 as also Mr.C.Ravichandran, learned Standing Counsel, who takes notice on behalf of respondent no.2.

https://hcservices.ecourts.gov.in/hcservices/

2.The case of the petitioner is that he was served with a locking and sealing and demolition notice dated 03.12.2018 issued under Sections 56 and 57 read with Section 85 of the Tamil Nadu Town and Country Planning Act, 1971. The said notice was in relation to deviation and unauthorised construction on Plot No.143, Annai Nagar 6th Street, Korattur, Chennai-76. Against the said notice, the petitioner has preferred an appeal under Section 80A of the said Act on 07.01.2019 before respondent no.1. According to the learned counsel for the petitioner, a stay application has also been preferred in the said appeal on 07.01.2019.

3.The grievance of the petitioner is that though the appeal as well as the stay application have been preferred on 07.01.2019, till today no orders have been passed in the stay application and on account of this, the petitioner apprehends that action may be taken against him.

4.In view of the above facts, in our opinion, it would suffice if we direct respondent no.1 to decide the stay application within a period of two weeks from the date of receipt of a copy of this order.

The writ petition is disposed of with the above observations. No costs. Consequently, W.M.P.No.5683 of 2019 is closed.

Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar sra To

1. The Secretary to Government, Housing and Urban Development, Fort St. George, Chennai 600 009.

2. The Executive Engineer, Greater Chennai Corporation, (MTH Road Zone-7, (Ambattur), Chennai 600 053.

+1cc to Mr.C.Ravichandran, Advocate, S.R.No.16402 +1cc to Mr.R.Abdul Mubeen, Advocate, S.R.No.16515 +1cc to the Government Pleader, S.R.No.16966 W.P.No.4980 of 2019 KJI(CO) rrs 18/03/2019 https://hcservices.ecourts.gov.in/hcservices/