J.Sundaram v. Government Of Tamilnadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 20.03.2017
CORAM
THE HON'BLE MR.HULUVADI G.RAMESH, ACTING CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE RMT.TEEKAA RAMAN W.P.No.6688 of 2017 and W.M.P.No.7216 of 2017 1 J.Sundaram 2 D.S.Padmavathy .. Petitioners Vs.
1 Government of Tamilnadu Rep. by its Secretary to Government, Housing and Urban Development Department, Secretariat, Chennai-600 009.
2 Chennai Metropolitan Development Authority Rep. by its Member Secretary No.1 Gandhi Irwyn Road, Egmore , Chennai-8.
3 Corporation of Chennai, Rep. by its Commissioner, Rippon Building, Chennai-2.
.. Respondents PRAYER: Petition under Article 226 of the Constitution of India for issuance of a writ of Mandamus directing the 2nd and 3rd respondents to forbear them from in anyway interfering with the building at 8/4, Kenndy 2nd street, Mylapore , Chennai-4 particularly by way of Locking and Sealing and or demolition of the same pending final determination of the appeal dated 02.03.2017 by the 1st respondent under section 80(A) of the Town and Country Planning act 1971.
For Petitioner : D.s.Rajasekaran For Respondents : Mr.R.Vijayakumar Addl. Government Pleader for 1st respondent Mr.K.Rajasrinivas for 2nd respondent Mr.R.Arunmozhi for 3rd respondent
ORDER
(Order of the Court was made by the Acting Chief Justice) Mr.R.Vijayakumar, learned Additional Government Pleader takes notice for the first respondent. Mr.K.Rajasrinivas, learned counsel takes notice for the second respondent. Mr.R.Arunmozhi, learned counsel takes notice for the third respondent.
2. Heard the learned counsel for the parties.
3. The petitioner has filed this writ petition seeking issuance of a Writ of Mandamus directing respondents 2 and 3 to forbear them from in anyway interfering with the building at 8/4, Kenndy second street, Mylapore , Chennai-4 particularly by way of Locking and Sealing and or demolition of the same pending final determination of the appeal dated 02.03.2017 by the first respondent under Section 80(A) of the Town and Country Planning act 1971.
4. The petitioner claims to be the joint owners of the property. The petitioners are husband and wife. After obtaining building and planning approval, the petitioners have constructed building. It is stated that due to certain deviations, the second respondent issued stop work notice/notice calling for approved plan on 28.02.2017 Against the same, the first petitioner has preferred a special revision before the first respondent under Section 80-A of the Act along with a petition for stay. However, it is alleged that no orders have been passed by the first respondent even in the stay petition till date. The petitioners are apprehending that the second respondent would take coercive steps to demolish the building. Hence, the present writ petition is filed.
5. Considering the facts and circumstances of the case and without expressing anything on the merits of the case, we direct
the first respondent to consider the special revision petition and the stay petition filed by the first petitioner and pass appropriate orders, on merits and in accordance with law, after affording an opportunity of hearing to the petitioners within three months from the date of receipt of a copy of this order. Till the disposal of the special revision petition, no coercive steps shall be taken by the respondent authorities.
6. The writ petition is disposed of accordingly. No costs. Consequently, W.M.P.No.7216 of 2017 is closed. s/d- Assistant Registrar True Copy Sub-Assistant Registrar bbr To:
1 The Secretary to Government, Housing and Urban Development Department, Secretariat, Chennai-600 009.
2 The Member Secretary, Chennai Metropolitan Development Authority No.1 Gandhi Irwyn Road, Egmore , Chennai-8.
3 The Commissioner, Corporation of Chennai, Rippon Building, Chennai-2.
+1cc to Government Pleader SR.No.17364 +1cc to Mr.K.RajaSrinivas, St Counsel for CMDA SR.17204 +1cc to Mr.R.Arunmozhi, Advocate SR.No.17112 +1cc to Mr.D.S.Rajasekaran, Advocate SR.No.17086 W.P.No.6688 of 2017 CA(CO) GN(04/04/2017)