N.Mithalal v. The Corporation Of Coimbatore
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 10.02.2020
CORAM:
THE HONOURABLE MR.JUSTICE R.SUBBIAH and THE HONOURABLE MR.JUSTICE R.PONGIAPPAN W.P.No.3089 of 2020 and W.M.P.No.3634 of 2020 N.Mithalal ... Petitioner Vs.
1.The Corporation of Coimbatore, Rep. by its Commissioner, Coimbatore.
2.The Assistant Executive Engineer (Planning), Coimbatore Corporation, Coimbatore.
3.The Government of Tamil Nadu, Rep. by its Secretary to Government, Housing and Urban Development Department, Fort St.George, Chennai - 600 009.
... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, forbearing the respondents 1 to 3 or anybody on their behalf from initiating any coercive action of locking and sealing and demolition with regard to the building at Ward No.80, Door No.680/681, Oppanakkara Street, Town Hall, Coimbatore pending determination of the Special Revision petition submitted by the petitioner under Section 80-A and 80-A(3) of the Town and Country Planning Act dated 05.02.2020 with the third respondent. For Petitioner : Mr.I.Abrar Mohamed Abdullah For Respondent Nos.1 & 2 : Mr.V.Jayaprakash Narayan For Respondent No.3 : Mr.V.Shanmuga Sundar Special Government Pleader
O R D E R
(Order of this Court was made by R.SUBBIAH, J.) By consent, the Writ Petition is taken up and disposed of at the stage of admission itself.
2. The petitioner has come up with the present Writ Petition for a Mandamus, forbearing the respondents 1 to 3 or anybody on their behalf from initiating any coercive action of locking and sealing and demolition with regard to the building at Ward No.80, Door No.680/681, Oppanakkara Street, Town Hall, Coimbatore, pending determination of the Special Revision Petition submitted by the petitioner under Section 80-A and 80-A
(3) of the Town and Country Planning Act dated 05.02.2020 with the third respondent.
3. The case of the petitioner is that the property situated at Municipal Ward, No.23, Coimbatore Taluk, Coimbatore Sub Registration and Registration District, measuring an extent of 1876 sq.ft., was purchased by him and his brothers in the year 2001. In fact, already there has been a building at the time of purchase of the property. It is further submitted that because of the age of the building and for proper utilisation with a view to fetch rental income from the ground floor and basement of the building as well as to use it for petitioner's family, the petitioner has been periodically making some renovations and repairs without disturbing the original structures of the building. However, there was no new construction activities and modifications.
4. While so, the first respondent/Corporation of Coimbatore through the second respondent issued a notice dated 25.11.2019 under Section 296(1) of the Coimbatore Corporation Act, 1981 stating that, without verifying the age of the building, the petitioner has constructed the unauthorised building. However, the petitioner has replied to the said notice stating that the notice issued by the Corporation of Coimbatore is not valid in law and violative of the provisions of the Tamil Nadu Town and Country Planning Act. In the meantime, the first respondent has also issued a notice dated 03.01.2020 in Letter No.5694/2019 contemplating action under Section 56 (2A), 57 of the Tamil Nadu Town and Country Planning Act, for which, the petitioner had given a reply dated 20.01.2020 explaining the actual position.
That apart, as against the notice dated 03.01.2020, the petitioner has preferred Special Revision Petition and Stay Application under Section 80-A and 80-A(3) of the Tamil Nadu Town and Country Planning Act, to the third respondent, on 05.02.2020.
of the unauthorised building. Feeling aggrieved, the petitioner has come up with the Writ Petition.
5. Though, so many contentions have been raised by the learned counsel appearing for the petitioner, now the crux of the submission is that the petitioner has already preferred Special Revision Petition along with Stay Application and the same is pending before the third respondent. Thus, he prayed to stay the operation of the impugned order.
6. The learned Special Government Pleader appearing for the third respondent submitted that, as against the Notice dated 03.01.2020, petitioner is having an appellate remedy under Section 80-A of the Tamil Nadu Town and Country Planning Act, 1971. Moreover, the petitioner has already filed appeal/Special Revision Petition under Section 80-A of the said Act and the same is also pending before the appellate authority, Thus, he sought for dismissal of the Writ Petition.
7. In view of the submission made by the learned counsel appearing on either side, this Court is constrained to pass the following order:- "Since the petitioner has already preferred Special Revision Petition along with Stay Application under Section 80-A and 80-A(3) of the Tamil Nadu Town and Country Planning Act, 1971 to the third respondent, the third respondent is directed to first consider the application for stay and pass orders thereon, preferably within a period of three weeks from the date of receipt of a copy of this order. Till such time, the Stay Application is disposed of, the respondents shall maintain status quo. After disposal of the Stay Application, the third respondent is directed to dispose of the main appeal/Special Revision Petition itself within a period of six weeks thereafter, after affording an opportunity of personal hearing to the petitioner."
8. The Writ Petition is disposed of accordingly. No costs. Consequently, connected Miscellaneous Petition is closed. Sd/- Assistant Registrar // True Copy// Sub Assistant Registrar sri
To 1.The Commissioner, Corporation of Coimbatore, Coimbatore.
2.The Assistant Executive Engineer (Planning), Coimbatore Corporation, Coimbatore.
3.The Secretary, Government of Tamil Nadu, Housing and Urban Development Department, Fort St.George, Chennai - 600 009.
+1cc to SPL. GP.SR.No.11365.
W.P.No.3089 of 2020 and W.M.P.No.3634 of 2020 GJ(CO) CSR: 26.02.2020