← Library
Madras High CourtWP/12069/2015disposed of

P.Vinodh, S/O Puarelal, v. Corporation Of Chennai

2015-04-23Honourable Mr Justice M. Venugopal,Honourable Mr Justice Satish K. Agnihotri4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 23.04.2015

CORAM:

THE HON'BLE MR. JUSTICE SATISH K. AGNIHOTRI and THE HON'BLE MR. JUSTICE M. VENUGOPAL W.P. No.12069 of 2015 and M.P. No.1 of 2015 P. Vinodh

...Petitioner

Vs.

Corporation of Chennai represented by its Commissioner Ripon Buildings Chennai 600 003 The Executive Engineer Enforcement - Region (Central) Corporation of Chennai II Cross Street - East Pullah Avenue Shenoy Nagar, Chennai 600 030 Government of Tamil Nadu represented by its Secretary to Government Housing and Urban Development Department Fort St. George Chennai 600 009

...Respondents

Writ Petition filed under Article 226 of the Constitution of India seeking a writ of mandamus forbearing the respondents 1 and 2 or anybody on their behalf from initiating any action of locking and sealing and demolition of the building put up at Old No.132-134 (New No.151), Poonamallee High Road, Kilpauk, Chennai 10, till the disposal of the petitioner's appeal petition submitted under Section 80-A of the Tamil Nadu Town and Country Planning Act, with the Government, the third respondent herein.

For petitioner :

Mr. R. Mohan For RR 1 & 2 :

Ms. Karthikas Ashok Standing Counsel For R3 :

Mr. N. Sakthivel Government Advocate

ORDER

(Order of the Court was made SATISH K. AGNIHOTRI, J.) Ms. Kaarthika Ashok, learned Standing Counsel, accepts notice for respondents 1 and 2 and Mr. N. Sakthivel, learned Government Advocate, accepts notice for the third respondent. 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 1 and 2 or anybody on their behalf from initiating any coercive action of locking and sealing and demolition of the building put up at Old No.132-134 (New No.151), Poonamallee High Road, Kilpauk, Chennai 10, till the disposal of the petitioner's appeal petition submitted under Section 80-A of the Tamil Nadu Town and Country Planning Act , 1971 (for short "the Act").

From a perusal of the records, it transpires that the second respondent has issued locking, sealing and demolition notice dated 20.03.2015 under Sections 56 and 57 read with Section 85 of the Act against the petitioner. Thereagainst, the petitioner has already filed an appeal under Section 80-A of the Act before the third respondent-Government on 27.03.2015, which is still pending consideration. It is further seen that along with the said appeal, the petitioner has also preferred an application for interim stay, in view of the provisions of Section 80-A(3) of the Act. It was observed by this Court in many a case that if there is an application for interim relief, the authorities are expected to consider the application for interim relief, within a period of two weeks.

However, in the case on hand, despite lapse of three weeks from the date of filing of the application for interim relief, no order has been passed in the said petition.

relief at the earliest, preferably, within a period of two weeks, to avoid further complications.

Accordingly, we direct the third respondent-Government to consider the petitioner's application for interim relief as early as possible, preferably, within a period of two weeks from the date of receipt of a copy of this order and also to consider and pass orders on the petitioner's appeal, on its own merits and in accordance with law, within the statutory period prescribed under the provisions of law. It is made clear that for a period of two weeks, status quo as obtained today, in respect of the property in question, shall be maintained by both the parties.

The writ petition stands disposed of with the above direction and observation. No costs. Connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar(LA) //True Copy// Sub Assistant Registrar cad To The Commissioner Corporation of Chennai Ripon Buildings Chennai 600 003 The Executive Engineer Enforcement - Region (Central) Corporation of Chennai II Cross Street - East Pullah Avenue Shenoy Nagar, Chennai 600 030

The Secretary to Government Housing and Urban Development Department Government of Tamil Nadu Fort St. George Chennai 600 009 1 CC to Mr. R. Mohan, Advocate SR.No. 22114 1 CC to Ms. Karthikas Ashok, Advocate SR.No. 22237 W.P. No.12069 of 2015 VD (CO) PSI(13.05.2015)