Mr.M.V.Challappan, v. The Commissioner,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 21.04.2016
CORAM:
THE HON'BLE MR. JUSTICE SATISH K.AGNIHOTRI and THE HON'BLE MR. JUSTICE V. BHARATHIDASAN W.P. Nos.14701 to 14704 of 2016 and W.M.P. Nos.12852 to 12855 of 2016 M.V.Challappan Petitioner in WP No.14701 of 2016 R. Dhanalakshmi Petitioner in WP No.14702 of 2016 R. Mahaveer Chand Petitioner in WP No.14703 of 2016 P. Nalini Petitioner in WP No.14704 of 2016 vs.
The Commissioner Greater Chennai Corporation Ripon Building Chennai 600 008 The Regional Deputy Commissioner (Central) Town Planning Enforcement Region - Central Greater Chennai Corporation Ripon Building Chennai 600 008 The Executive Engineer Enforcement Greater Chennai Corporation Enforcement-Region Central II Cross Street (East) Pulla Avenue, Shenoy Nagar Chennai 600 030 The Junior Engineer Greater Chennai Corporation Division No.64, Zone VI Chennai - 600 099 Respondents in all the WPs.
Writ Petitions filed under Article 226 of the Constitution of India seeking a writ of certiorari, calling for the records of the impugned locking & sealing & demolition notice with Notice Nos.REGIONCENTRAL / TPENF / 1650 / 2016, REGIONCENTRAL / TPENF / 1652 / 2016, REGIONCENTRAL / TPENF / 1653 / 2016 & REGIONCENTRAL / TPENF / 1651 / 2016 respectively dated Nil of 2016 on the file of the third respondent and quash the same,
being in derogation of the provisions of law, illegal, arbitrary and untenable in any law and on facts.
For petitioner in Mr. Om Prakash all WPs for M/s. Ramalingam & Associates For respondents in Mr. V.C. Selvasekaran all WPs Standing Counsel COMMON ORDER (delivered by SATISH K.AGNIHOTRI, J.) Mr. V.C. Selvasekaran, learned Standing Counsel, accepts notice for the respondents. With the consent of the learned counsel for the parties, the writ petitions are taken up for final disposal, at the admission stage itself. The challenge in these writ petitions is to the locking, sealing and demolition notices issued by the third respondent in March 2016 under Sections 56 and 57 read with Section 85 of the Tamil Nadu Town and Country Planning Act, 1971 (for brevity "the Act").
Concededly, the impugned notices are appealable before the Government by way of applications under Section 80-A of the Act. That apart, in view of provisions of Section 80-A(3), ibid, along with such applications, the petitioners can also file applications seeking interim relief. In such view of the matter, we are afraid that we are not disposed to entertain these writ petitions, at this stage. However, we reserve liberty to the petitioners to make applications assailing the impugned notices, within a period of two weeks from today, if so advised. It is made clear that for a period of two weeks from today, status quo as obtained today, in respect of the property in question, shall be maintained by both the parties.
The writ petitions stand disposed of with the above observations. Costs made easy. Connected Miscellaneous Petitions are closed.
cad s/d- Assistant Registrar(CS-VI) True Copy Sub-Assistant Registrar
To The Commissioner Greater Chennai Corporation Ripon Building Chennai 600 008 The Regional Deputy Commissioner (Central) Town Planning Enforcement Region - Central Greater Chennai Corporation Ripon Building Chennai 600 008 The Executive Engineer Enforcement Greater Chennai Corporation Enforcement-Region Central II Cross Street (East) Pulla Avenue, Shenoy Nagar Chennai 600 030 The Junior Engineer Greater Chennai Corporation Division No.64, Zone VI Chennai - 600 099 + 4 ccs to M/s.Ramalingam & Associates, Advocate SR 24803 skv(co) prk22/4 W.P. Nos.14701 to 14704 of 2016