M.Noorullah Shariff v. The Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 03.03.2023

CORAM

THE HONOURABLE Ms. JUSTICE V.M.VELUMANI AND THE HONOURABLE Mr. JUSTICE V.LAKSHMINARAYANAN AND W.M.P.No.6782 of 2023 M.Noorullah Shariff .. Petitioner Vs.

1.The Commissioner Greater Chennai Corporation Rippon Building Park Town, Chennai 2.The Executive Engineer Zone 12, Greater Chennai Corporation Alandur, Chennai 3.The Assistant Executive Engineer Zone 12, Unit 37, Greater Chennai Corporation Zonal Office, Alandur, Chennai 4.The Assistant Engineer Zone 12, Unit 37, Greater Chennai Corporation Zonal Office, Alandur, Chennai 1/6

5.The Secretary to Government of Tamil Nadu Housing and Urban Development Department Fort St. George, Chennai .. Respondents Petition filed under Article 226 of the Constitution of India praying to issue a writ of mandamus forbearing the respondents 1 to 4 and its men and agents from any manner interfering with the peaceful possession and enjoyment of the petitioner's property being property comprised in T.S.No.7, Ward 'H', Block 3, S.No.1337/1, bearing door No.51, Lascar Street, 1D Railway Station Road, Alandur, pending disposal of the stay petition filed on 14.02.2023 before the 5th respondent and application under Section 113-C in CMDA/Reg-113C/508/2018.

For Petitioner : Mr.I.Kowser Nissar For R1 to R4 : Mr.D.B.R.Prabhu Standing Counsel For R5 :

Mrs.R.L.Karthika Government Advocate

O R D E R

(Order of the Court was made by V.M.VELUMANI, J.) The petitioner has come out with the present writ petition for a direction forbearing the respondents 1 to 4 from interfering with the peaceful possession and enjoyment of the petitioner's property in T.S.No.7, Ward 'H', 2/6

Block 3, S.No.1337/1, bearing door No.51, Lascar Street, 1D Railway Station Road, Alandur, pending disposal of the application filed under Section 113C and the stay petition filed by him.

2. By consent of both the learned counsel appearing for the petitioner as well as Mr.D.B.R.Prabhu, learned Standing Counsel, who takes notice for the respondents 1 to 4 and Mrs.R.L.Karthika, learned Government Advocate, who takes notice for the 5th respondent, the Writ Petition is taken up for final disposal at the stage of admission itself.

3. According to the petitioner, his wife is the owner of the property in T.S.No.7, Ward 'H', Block 3, S.No.1337/1, bearing door No.51, Lascar Street, 1D Railway Station Road, Alandur. She applied for putting up additional construction in the second floor, during the construction of ground and first floor, as early as in the year 2000. Pending application, she has constructed the second floor. There was a civil dispute between the petitioner and one G.Gomathi Shankar in O.S.No.1048 of 2013 in respect of the property in question and the same is pending. While so, on the 3/6

instigation of one Raghavan, the said Gomathi Shankar gave a false complaint to the respondents 3 and 4 against the petitioner, alleging that the petitioner's wife has put up unauthorised construction. The respondents 3 and 4 have inspected the property and in a mechanical manner, issued notice to the petitioner. Challenging the said notice, the petitioner filed a revision under Section 80-A of the Tamil Nadu Town and Country Planning Act, 1971 before the 5th respondent and also sought for stay of the notice issued by the respondents 3 and 4. The petitioner also filed an application under Section 113-C of the Act, for regularisation of the construction in the second floor. The said revision and the application filed by the petitioner are pending. In such circumstances, the petitioner has come out with the present petition.

4. Heard Mr.I.Kowser Nissar, learned counsel appearing for the petitioner as well as Mr.D.B.R.Prabhu, learned Standing Counsel, appearing for the respondents 1 to 4 and Mrs.R.L.Karthika, learned Government Advocate appearing for the 5th respondent and perused the entire materials on record.

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5. From the materials on record, it is seen that the revision under Section 80-A of the Act filed by the peitioner before the 5th respondent is pending and the petitioner has filed the same in the typed set of papers. The petitioner also filed an application for regularisation under Section 113-C of the Act on 17.09.2018 and the same is also pending.

6. In view of the pendency of the revision filed under Section 80-A of the Act before the 5th respondent and the application filed under Section 113C of the Act is pending with CMDA, the 5th respondent is directed to dispose of the revision as expeditiously as possible, within a period of three months from the date of receipt of a copy of this order. Till such time, the respondents 1 to 4 are restrained from taking any coercive steps against the petitioner.

With the above directions, the Writ Petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed. (V.M.V.,J.) (V.L.N.,J.) 03.03.2023 Index : Yes/No gya 5/6

V.M.VELUMANI, J.

AND V.LAKSHMINARAYANAN, J.

gya To 1.The Commissioner Greater Chennai Corporation Rippon Building Park Town, Chennai 2.The Executive Engineer Zone 12, Greater Chennai Corporation Alandur, Chennai 3.The Assistant Executive Engineer Zone 12, Unit 37, Greater Chennai Corporation Zonal Office, Alandur, Chennai 4.The Assistant Engineer Zone 12, Unit 37, Greater Chennai Corporation Zonal Office, Alandur, Chennai 5.The Secretary to Government of Tamil Nadu Housing and Urban Development Department Fort St. George, Chennai 03.03.2023 6/6