D.Ramesh v. The Government Of Tamil Nadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.02.2024 CORAM :

THE HONOURABLE MR. JUSTICE S.S. SUNDAR AND THE HONOURABLE MR. JUSTICE N. SENTHILKUMAR and W.M.P.No.4496 of 2024 D.Ramesh ... Petitioner Vs.

1.The Government of Tamil Nadu, Represented by its Secretary, Housing and Urban Development Department, Secretariat, Fort St. George, Chennai - 600 009.

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

3.The Executive Engineer, Greater Chennai Corporation, Zonal Office - 12, Garment Complex, No.121, Nagi Reddy Street, SIDCO,

Guindy, Chennai - 600 032.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus forbearing the 2nd and 3rd respondents from in any way interfering with the petitioner's premises at Plot No.97A, Door No.28/1, B.V.Street, Nanganallur, Chennai - 600 061, more particularly by way of locking, sealing and demolition of the same, pending final determination of the petitioner's Special Revision and Stay petition dated 15.02.2024 filed under Section 80-A and 80-A(3) of the Tamil Nadu Town and Country Planning Act, with the 1st respondent. For Petitioner :

Mr.R.Udayakumar For R1 :

Mrs.V.Yamuna Devi Special Government Pleader For R2 and R3 :

Mr.D.B.R.Prabhu Standing Counsel

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 forbearing the 2nd and 3rd respondents from in any way interfering with the petitioner's premises at Plot No.97A, Door No.28/1, B.V.Street,

Nanganallur, Chennai - 600 061, more particularly by way of locking, sealing and demolition of the same, pending final determination of the petitioner's Special Revision and Stay petition dated 15.02.2024 filed under Section 80-A and 80-A(3) of the Tamil Nadu Town and Country Planning Act, with the 1st respondent.

2.Learned counsel for the petitioner states that, as against the Lock and Seal Notice, dated 15.11.2023, issued by the 3rd respondent, a revision petition is pending before the 1st respondent. His request is that till such time the revision petition is disposed of on merits, the respondents can be directed not to take any coercive action.

3.Considering the limited scope of the prayer in the writ petition, this Court, without expressing any opinion on the merits of the petitioner's revision or the contentions raised by the petitioner in the affidavit filed in support of this writ petition, directs the 1st respondent to consider and dispose of the revision petition filed under Section 80-A of the Tamil Nadu Town and Country Planning Act, 1971, stated to have been filed by the

petitioner, dated 15.02.2024, on merits and in accordance with law, within a period of sixteen weeks from the date of receipt of a copy of this order. Till such time the revision petition filed by the petitioner is disposed of on merits, the respondents are directed to 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.) 22.02.2024 mkn Internet : Yes Index : Yes / No To 1.The Secretary, Government of Tamil Nadu, Housing and Urban Development Department, Secretariat, Fort St. George, Chennai - 600 009.

2.The Commissioner, Greater Chennai Corporation, Ripon Buildings,

Chennai - 600 003.

3.The Executive Engineer, Greater Chennai Corporation, Zonal Office - 12, Garment Complex, No.121, Nagi Reddy Street, SIDCO, Guindy, Chennai - 600 032.

S.S. SUNDAR , J.

and N. SENTHILKUMAR, J.

mkn

22.02.2024