Madras High CourtWP/20516/2018disposed of

A.Vijaya,W/O.K.Annamalai, v. The Secretary To Government

2023-06-06Honourable Mr Justice D. Krishnakumar,Honourable Mr.Justice P. Dhanabal4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 06.06.2023

CORAM:

THE HONOURABLE MR. JUSTICE D.KRISHNAKUMAR AND THE HONOURABLE MR JUSTICE P.DHANABAL and WMP.No.24117 of 2018 1.A.Vijaya 2.K.Annamalai ... Petitioners Vs.

1.The Secretary to Government, Housing and Urban Development Department, Fort St.George, Chennai-600 009.

2.The Commissioner, Corporation of Chennai, Ripon Building, Chennai-600 003.

3.The Assistant Engineer, Division No.004, 945A, TH Road, 4.The Executive Engineer, Zone-01, 945A, TH Road, Sathya Moorthy Nagar, Tiruvottiyur, Chennai-600 019.

5.The Assistant Executive Engineer, Unit-01, 945A, TH Road, 6.C.B.Manoharan ..

Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, for the issuance of a Writ of Mandamus directing the first respondent to dispose of the appeal dated 11.07.2018 filed by the petitioners under Section 80-A (Special provisions of the Government) of the Town and Country Planning Act, 1971 against the lock and seal notice dated 16.04.2018 issued in Letter No.01/00170/2018 and de-occupation notice dated 14.06.2018 issued in Letter No.01/00001/2018 both issued by the 3rd to 5th respondent, pending on the file of the 1st respondent within the time frame stipulated by this Court. For Petitioners : Mr.D.Ashok Kumar For Respondents : Mr.A.Selvendran, Special Govt. Pleader for R1 Mr.D.B.R.Prabhu Standing Counsel for R2 to R5 Mr.B.Harikrishnan for R6

ORDER

[Order of the Court was made by D.KRISHNAKUMAR, J.] The writ petition has been filed for a Mandamus directing the first respondent to dispose of the appeal dated 11.07.2018 filed by the petitioners under Section 80-A (Special provisions of the Government) of the Town and

Country Planning Act, 1971 against the lock and seal notice dated 16.04.2018 issued in Letter No.01/00170/2018 and de-occupation notice dated 14.06.2018 issued in Letter No.01/00001/2018 both issued by the 3rd to 5th respondent, pending on the file of the 1st respondent within a stipulated time.

2. Today when the matter is taken up, Mr.A.Selvendran, learned Special Government Pleader for the first respondent has produced a copy of the order passed by the first respondent in Letter No.15168/UD-VII(1)/2018-5 dated 06.02.2019, in and by which the Government has passed final orders on the petitioner's appeal and therefore, nothing survives for further adjudication in this writ appeal.

3.In the light of the above, the Writ Petition stands dismissed as infructuous. No costs. Consequently connected miscellaneous petition is also dismissed.

(D.K.K., J.) (P.D.B., J.) 06.06.2023 Intex : Yes/No Internet : Yes/No Jvm

D.KRISHNAKUMAR, J.

and P.DHANABAL, J.

Jvm To 1.The Secretary to Government, Housing and Urban Development Department, Fort St.George, Chennai-600 009.

2.The Commissioner, Corporation of Chennai, Ripon Building, Chennai-600 003.

3.The Assistant Engineer, Division No.004, 945A, TH Rad, 4.The Executive Engineer, Zone-01, 945A, TH Road, Sathya Moorthy Nagar, Tiruvottiyur, Chennai-600 019. 5.The Assistant Executive Engineer, Unit-01, 945A, TH Road,