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Madras High CourtWP/7101/2019disposed of

P.N. Hosptiality Services, v. The Secretary To Government,

2019-03-13Honourable The Chief Justice,Honourable Mr Justice M.Duraiswamy3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 13.03.2019 CORAM :

The Hon'ble Mrs.V.K.TAHILRAMANI, CHIEF JUSTICE AND The Hon'ble Mr.JUSTICE M.DURAISWAMY W.P.No.7101 of 2019 P.N. Hospitality Services, rep. by its Sole Proprietor N.Biju Paul Samuel, 4/402A, Radio Colony, 3rd Cross Street, Anna Salai, Palavakkam, Chennai - 600 041.

.. Petitioner -vs1. The Secretary to Government, Housing and Urban Development Department, Fort St. George, Chennai - 600 009.

2. The Commissioner, Corporation of Greater Chennai, Ripon Buildings, Chennai.

3. The Assistant Engineer, Division 199, Corporation of Greater Chennai, Ripon Buildings, Chennai.

4. The Executive Engineer, Zone 15, 120, Rajiv Gandhi Salai, Chennai.

.. Respondents Petition filed under Article 226 of the Constitution of India praying for issue of Writ of Mandamus directing to dispose of the stay petition filed under Section 80-A(3) of the Town and Country Planning Act, 1971 filed along with the special revision petition filed by the petitioner on 18.02.2019 within a time frame to be fixed by this Hon'ble Court.

For Petitioner : Mr.Govind Chandrasekhar For Respondents : Mr.V.Jayaprakash Narayanan Government Pleader (i/c) for respondent No.1 Mr.C.Ravichandran for respondent Nos.2 to 4

ORDER

(Order of the Court was made by The Hon'ble Chief Justice) Heard Mr.Govind Chandrasekhar, learned counsel for the petitioner; Mr.V.Jayaprakash Narayanan, learned Government Pleader (i/c) for respondent No.1 and Mr.C.Ravichandran, learned counsel for respondent Nos.2 to 4.

2. The learned counsel for the petitioner stated that the petitioner has preferred a revision under Section 80-A of the Tamil Nadu Town and Country Planning Act, 1971 on 18.02.2019 and he had also preferred an application for stay in the said revision.

3. The grievance of the petitioner is that though stay application was filed on 18.02.2019, the same has not yet been disposed of till today. The learned counsel for the petitioner pointed out that the premises was sealed on 13.02.2019 and as the stay application has not yet been decided, the petitioner is suffering hardship. The learned counsel for the petitioner stated that he is restricting the prayer to a direction being issued to the first respondent to dispose of the stay application at the earliest.

4. In view of the limited prayer made by the learned counsel for the petitioner, without going into the merits of the matter, we direct the first respondent to dispose of the stay application within a period of two weeks from the date of receipt of a copy of this order.

5. With the above observation, the writ petition is disposed of. No costs. Consequently, W.M.P.No.7821 of 2019 is closed. Sd/- Assistant Registrar(CS-I) //True Copy//

Sub Assistant Registrar bbr To

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

2. The Commissioner, Corporation of Greater Chennai, Ripon Buildings, Chennai.

3. The Assistant Engineer, Division 199, Corporation of Greater Chennai, Ripon Buildings, Chennai.

4. The Executive Engineer, Zone 15, 120, Rajiv Gandhi Salai, Chennai.

+1 cc to Dr.C.Ravichandran, Advocate, S.R.No.23933 +1 cc to Mr.Govind Chandrasekar, Advocate, S.R.No.23578 +1 cc to the Government Pleader, S.R.No.24176 W.P.No.7101 of 2019 PA(CO) SSM(03/04/2019).