K.Karthick v. The Secretary To Government
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 09.02.2024 CORAM :
THE HONOURABLE MR. JUSTICE S.S. SUNDAR AND THE HONOURABLE MR. JUSTICE N. SENTHILKUMAR and W.M.P.No.3243 of 2024 K.Karthick ... Petitioner Vs.
1.The Secretary to Government, Housing and Urban Development Department, St. George Fort, Secretariat, Chennai - 600 009.
2.The Executive Engineer, Zone-IV, Greater Chennai Corporation, 3.The Assistant Executive Engineer, Zone-IV, Unit - 10, Greater Chennai Corporation,
4.The Assistant Engineer, Zone-IV, Unit - 10, Division - 41, Greater Chennai Corporation, ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing the first respondent to consider and pass orders in the Appeal dated 15.12.2023 filed by the petitioner challenging the Lock & Seal and Demolition Notice dated 11.12.2023 in respect of premises bearing No.8/86, Kumaran Nagar, 3rd Street, Korukkupet, Chennai - 600 021, within a time period to be fixed by this Court and consequently forbearing the respondents 2 to 4 from taking coercive steps pursuant to the Lock & Seal and Demolition Notice dated 11.12.2023 till disposal of Appeal dated 15.12.2023 by the 1st respondent. For Petitioner :
Mr.S.Deepan for Mr.M.G.Ramachandran For R1 :
Mrs.V.Yamuna Devi Special Government Pleader For R2 to R4 :
Mr.A.C.Manibharathi
O R D E R
(Order of the Court was made by S.S. SUNDAR, J.) This writ petition is filed for issuance of a Writ of Mandamus directing the first respondent to consider and pass orders in the Appeal dated 15.12.2023 filed by the petitioner challenging the Lock & Seal and Demolition Notice dated 11.12.2023 in respect of premises bearing No.8/86, Kumaran Nagar, 3rd Street, Korukkupet, Chennai - 600 021, within a time to be fixed by this Court and consequently forbearing the respondents 2 to 4 from taking coercive steps pursuant to the Lock & Seal and Demolition Notice dated 11.12.2023 till disposal of Appeal dated 15.12.2023 by the 1st respondent.
2.The grievance of the petitioner is that, as against the Lock & Seal and Demolition Notice dated 11.12.2023, he has preferred a revision under Section 80-A of the Tamil Nadu Town and Country Planning Act, 1971. Learned counsel for the petitioner requests this Court for a direction to the 1st respondent for disposal of the revision petition filed by the petitioner within a time stipulated by this Court and to direct the respondents to
maintain status quo in the meanwhile.
3.Having regard to the limited scope of the prayer in the writ petition, without expressing any opinion on the merits of the revision petition filed by the petitioner or the contentions raised by the petitioner in the affidavit filed in support of the present writ petition, this Court directs the 1st respondent to dispose of the revision petition filed by the petitioner under Section 80-A of the Tamil Nadu Town and Country Planning Act, 1971, on merits and in accordance with law, after hearing the petitioner, within a period of twelve weeks from the date of receipt of a copy of this order. Till such time the revision petition is disposed of on merits by the 1st respondent, the respondents shall maintain status quo.
4.With the above directions, this writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed. (S.S.S.R., J.) (N.S., J.) 09.02.2024 mkn
Internet : Yes Index : Yes / No To 1.The Secretary to Government, Housing and Urban Development Department, St. George Fort, Secretariat, Chennai - 600 009.
2.The Executive Engineer, Zone-IV, Greater Chennai Corporation, 3.The Assistant Executive Engineer, Zone-IV, Unit - 10, Greater Chennai Corporation, 4.The Assistant Engineer, Zone-IV, Unit - 10, Division - 41, Greater Chennai Corporation,
S.S. SUNDAR , J.
and N. SENTHILKUMAR, J.
mkn 09.02.2024