K.B.Edison v. The State Of Tamil Nadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06.06.2016

CORAM

THE HONOURABLE MR.JUSTICE HALUVADI G.RAMESH AND THE HONOURABLE MR.JUSTICE M.V.MURALIDARAN W.P.No.14921 of 2015 K.B.Edison ..

Petitioner -vs1. The State of Tamil Nadu rep.by its Secretary Housing and Urban Development Department Fort St.George Chennai 600 009

2. The Regional Deputy Commissioner (Central) Corporation of Chennai Pulla Avenue Shenoy Nagar Chennai 600 030

3. The Commissioner Corporation of Chennai Rippon Buildings Chennai 600 003 ..

Respondents Petition under Article 226 of the Constitution of India, praying for the issue of a Writ of Certiorarified Mandamus, calling for the records relating to the order of the first respondent made in Letter No.13977/UD-VI(2)/2014-7 dated 29.04.2015 in rejecting petitioner's Section 80-A appeal filed under Town and Country Planning Act as against locking and sealing decision of Corporation of Chennai for the building put up at No.4, Lake Area, 7th Cross Street, Nungambakkam, Chennai-34 by quashing the same and consequently direct the respondents to regularise the building put up in the aforementioned property. For Petitioner ::

Mr.L.Chandrakumar For Respondents::

Mrs.A.Srijayanthi Special Government Pleader for R1 Mr.V.C.Selvasekaran for R2 & R3

ORDER

(Order of the Court was delivered by HALUVADI G.RAMESH, J.) Heard the learned counsel for the petitioner, learned Special Government Pleader for the first respondent and the learned standing counsel for the respondent-Corporation.

2. The petitioner seeks for issuance of a writ of certiorarified mandamus, calling for the records of the first respondent in Letter No.13977/UD-VI(2)/2014-7 dated 29.04.2015, rejecting the petitioner's appeal filed under Section 80-A of the Town and Country Planning Act as against locking and sealing decision of Corporation of Chennai for the building put up at No.4, Lake Area, 7th Cross Street, Nungambakkam, Chennai, quash the same and to consequently direct the respondents to regularise the building put up in the aforementioned property.

3. Since the issue as to the maintainability of the special revision petition under Section 80-A of the Tamil Nadu Town and Country Planning Act, 1971 before locking and sealing the premises has already been decided by this Court in the decision in Lalith Kumar C.Soni v. The Government of Tamil Nadu rep.by its Secretary to Government, Housing and Urban Development Department and others, 2015 (2) CWC 752, granting liberty to the petitioners to re-present the special revision petitions, following the same, the impugned order is set aside with liberty to the petitioner to re-present the special revision petition filed under Section 80-A of the Tamil Nadu Town and Country Planning Act, 1971 within a period of two weeks from the date of receipt of a copy of this order and on such re-presentation, it is for the first respondent to dispose of the matter within the statutory period of ninety days. The writ petition is disposed of accordingly. Consequently, M.P.No.1 of 2015 is closed. No costs.

Sd/- Assistant Registrar(J) //True Copy// Sub Assistant Registrar To

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

2. The Regional Deputy Commissioner (Central), Corporation of Chennai, Pullah Avenue, Shenoy Nagar, Chennai 600 030 .

3. The Commissioner, Corporation of Chennai, Rippon Buildings, Chennai 600 003 .

+1cc to Mr.L.Chandrakumar, Advocate sr.29871 W.P.No.14921 of 2015 sr[co] srg 20/06/2016