S.Deva Manohari, v. The Government Of Tamil Nadu,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12.04.2016

CORAM:

THE HON'BLE Mr. JUSTICE SATISH K.AGNIHOTRI and THE HON'BLE Mr. JUSTICE V. BHARATHIDASAN W.P. No.13537 of 2016 and W.M.P. No.11868 of 2016 S. Deva Manohari ... Petitioner Vs.

1.

Government of Tamil Nadu represented by its Secretary to Government Housing and Urban Development Department Secretariat, Chennai 600 009 Corporation of Chennai represented by its Regional Deputy Commissioner (North) 61, Basin Bridge Road Chennai 600 021 Corporation of Chennai represented by its Executive Engineer, Zone - V 61, Basin Bridge Road Chennai 600 021 ... Respondents Writ Petition filed under Article 226 of the Constitution of India seeking a writ of mandamus forbearing the respondents 2 and 3 from in any way interfering with the premises at No.1/1, (1/1), Ground Floor, Maleeswarar Koil Street (South), Muthialpet, George Town, Chennai 600 001, particularly, by way of locking and sealing and or demolition of the same, pending determination of the application under Section 80-A and 80-A(3) of the Tamil Nadu Town and Country Planning Act, 1971 dated 21.03.2016 by the Ist Respondent.

For petitioner : Mr. D.S. Rajasekaran For R1 : Mr. P.S. Sivashanmugasundaram Special Government Pleader For RR 2 & 3 : Mr. A. Nagarajan, Standing Counsel

ORDER

(delivered by SATISH K.AGNIHOTRI, J.) Mr. P.S. Sivashanmugasundaram, learned Special Government Pleader, accepts notice for the first respondent. Mr. A. Nagarajan, learned Standing Counsel, accepts notice for respondents 2 and 3. With the consent of the learned counsel for the parties, the writ petition is taken up for final disposal, at the admission stage itself.

This writ petition is filed seeking a writ of mandamus forbearing the respondents 2 and 3 from in any way interfering with the premises at No.1/1, (1/1), Ground Floor, Maleeswarar Koil Street (South), Muthialpet, George Town, Chennai 600 001, particularly, by way of locking and sealing and or demolition of the same, pending determination of the applications under Section 80-A and 80-A(3) of the Tamil Nadu Town and Country Planning Act, 1971 (for brevity "the Act").

From a perusal of the records, it is seen that the Corporation of Chennai has issued a locking, sealing and demolition notice on 19 February 2016 under Section 57 read with Section 85 of the Act against the petitioner. Thereagainst, the petitioner has preferred an application before the first respondent under Section 80-A of the Act on 21 March 2016, which is under consideration. It is further seen that along with the said application, the petitioner has also filed an application for interim stay in terms of the provisions of Section 80-A(3) of the Act.

4.

We have observed in many a case that if an application is filed under Section 80-A(3) of the Act seeking interim relief, the authorities are expected to take up the said application and take a decision within a period of two weeks to avoid further complications.

5.

It is stated at the Bar that the application under Section 80-A, ibid, was preferred by the petitioner along with an application for interim relief on 21 March 2016, which was duly acknowledged by the authorities. Yet, till date, no decision has been taken on the said interim application preferred by the petitioner.

6.

In view of the above, without going into the merits of the case, we direct the first respondent to consider the petitioner's application for interim relief as early as possible, preferably within a period of one week and also to

consider the petitioner's main application, within the statutory period prescribed under the provisions of law, on its own merits and in accordance with law, in the light of the order dated 29th September 2015 passed by a Division Bench of this Court in Lalithkumar C. Soni Vs. Government of Tamil Nadu and others1. It is made clear that for a period of one week from today, i.e., 12 April 2016, status quo as obtained today, in respect of the property in question, shall be maintained by both the parties and the petitioner is restrained from making any further construction in the property in question.

With the above directions, the writ petition stands disposed of sans costs. Connected W.M.P. is closed.

Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar cad To 1.

The Secretary to Government Housing and Urban Development Department Government of Tamil Nadu Secretariat Chennai 600 009 The Regional Deputy Commissioner (North) Corporation of Chennai 61, Basin Bridge Road Chennai 600 021 The Executive Engineer, Zone - V Corporation of Chennai 61, Basin Bridge Road Chennai 600 021 +1cc to Mr.D.S. Rajasekaran, Advocate, S.R.No.23006 +1cc to Mr.A. Nagarajan, Advocate, S.R.No.22802 +1cc to the Government Pleader, S.R.No.23217 W.P. No.13537 of 2016 SNS(CO) CA(21/04/2016) 2015 (6) CTC 107 : (2015) 7 MLJ 394 : 2015 (2) CWC 752