Madras High CourtWP/7904/2017disposed of

C.Chiranjeev v. The State Of Tamilnadu

2017-04-04Honourable The Acting Chief Justice,Honourable Mr Justice Rmt. Teekaa Raman3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.04.2017

CORAM

THE HON'BLE MR.HULUVADI G.RAMESH, ACTING CHIEF JUSTICE AND THE HON'BLE MR. JUSTICE RMT. TEEKAA RAMAN W.P.No.7904 of 2017 C.Chiranjeev .. Petitioner Vs.

1 The State of Tamilnadu rep. by its Secretary to Government Housing and Urban Development Department Fort St. George, Chennai-9.

2 The Greater Chennai Corporation rep. by its Commissioner Rippon Buildings, Chennai - 600 003.

3 The Executive Engineer Zone V, Greater Chennai Corporation 62, Basin Bridge Road, Chennai-21.

.. Respondents PRAYER: Petition filed under Article 226 of the Constitution of India for issuance of a writ of Mandamus forbearing respondents 2 and 3 from in any manner initiating any coercive action of locking and sealing and demolition of the petitioner's premises at New No.26, Old No.35, Subramania Mudali Street, Muthialpet, George Town, Chennai - 600 001 till the final determination of the petitioner's special revision petition filed under section 80A of the Town Planning Act along with stay petition filed under section 80-A(3) of the Act dated 15.3.2017 pending with the first respondent.

For Petitioner : Mr.P.Ramanathan For Respondents : Mr.R.Vijayakumar Addl. Government Pleader for 1st respondent Mr.A.Nagarajan for respondents 2 and 3

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 and Mr.A.Nagarajan, learned counsel takes notice for respondents 2 and 3.

2. The petitioner has filed this writ petition seeking issuance of a writ of Mandamus forbearing respondents 2 and 3 from in any manner initiating any coercive action of locking and sealing and demolition of the petitioner's premises at New No.26, Old No.35, Subramania Mudali Street, Muthialpet, George Town, Chennai - 600 001 till the final determination of the petitioner's special revision petition filed under section 80A of the Town Planning Act along with stay petition filed under section 80-A(3) of the Act dated 15.3.2017 pending with the first respondent.

3. The petitioner claims to be the owner of the property. Alleging deviation in construction, the third respondent issued lock, seal and demolition notice on 21.4.2016. Thereafter, deoccupation notice was issued by the third respondent on 7.3.2017. The petitioner preferred a revision under Section 80A of the Tamil Nadu Town and Country Planning Act on 15.3.2017 and the same is pending.

Apprehending that the respondent authorities will take coercive action pending disposal of the revision, the present writ petition is filed.

4. Considering the facts and circumstances of the case, we direct the first respondent to consider the revision filed by the petitioner on 15.3.2017 and pass appropriate orders, on merits and in accordance with law, after affording an opportunity of hearing to the petitioner within three months from the date of receipt of a copy of this order. Till the disposal of the revision no coercive steps shall be taken by the respondent authorities. All the contentions raised in this writ petition are left open to be urged by the petitioner before the appellate authority.

The writ petition is disposed of accordingly. No costs. Consequently, W.M.P.No.8642 of 2017 is closed. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar sasi

To 1 The Secretary to Government State of Tamilnadu Housing and Urban Development Department Fort St. George, Chennai-9.

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

3 The Executive Engineer Zone V, Greater Chennai Corporation 62, Basin Bridge Road, Chennai-21.

+1cc to Mr.Ramanathan, Advocate, S.R.No.19833 +1cc to Mr.Nagarajan, Advocate, S.R.No.19948 +1cc to the Government Pleader, S.R.No.20185 W.P.No.7904 of 2017 KS(CO) RS(10/04/2017)