Madras High CourtWP/12560/2017disposed of

Ramaniyam Real Estates (P) Ltd v. The Secretary To Government,

2017-06-01Honourable The Chief Justice,Honourable Mr Justice M. Sundar3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 01.06.2017

CORAM

THE HON'BLE MS. INDIRA BANERJEE, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE M.SUNDAR W.P.No.12560 of 2017 Ramaniyam Real Estates (P) Ltd.

Regd. Office No. 11, II Main Road Gandhi Nagar, Adyar, Chennai - 600 020 Rep. by its Managing Director, V.Jaggannathan formerly it was known as M.S.Amirta Lakshmi Realtors P. Ltd.

.. Petitioner Vs.

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

2 The Member Secretary Chennai Metropolitan Development Authority Thalamuthu Natarajan Building No.1, Gandhi Irwin Road Egmore, Chennai - 600 008.

.. Respondents PRAYER: Petition under Article 226 of the Constitution of India seeking issuance of a Writ of Mandamus directing the 1st respondent to dispose of petitioner's appeal filed before the 1st respondent under Section 80A of the Tamil Nadu Town and Country Planning Act vide the petitioner's Appeal dated 03.12.2013 filed against the lock and seal notice issued by the 2nd respondent vide his Notice No.ES2/6126/ 2008, dated 05.11.2013 pending before the 1st respondent.

For Petitioner : Mr.S.Sundaresan For Respondents : Mrs.Vasudha Thiagarajan Addl. Government Pleader for 1st respondent Mr.C.Johnson for 2nd respondent

ORDER

(Order of the Court was made by the M.Sundar,J.) The writ petitioner has filed a revision/appeal before the first respondent (The Secretary to Government, Housing and Urban Development Department, Fort St. George, Chennai) under Section 80A of the Tamil Nadu Town and Country Planning Act, 1971.

2. Mrs.Vasudha Thiagarajan, learned Additional Government Pleader accepts notice on behalf of the first respondent and Mr.C.Johnson, learned standing counsel accepts notice on behalf of the second respondent.

3. The learned Additional Government Pleader does not dispute that the revision/appeal filed by the writ petitioner is dated 3.12.2013 and that the same is pending. It is also not in dispute that the revision/appeal has been filed against a lock and seal notice issued by the second respondent (notice bearing reference Letter No.ES2/6126/2008, dated 5.11.2013).

4. In the light of the admitted position (alluded supra), we deem it appropriate to direct the first respondent to dispose of the revision/appeal dated 3.12.2013 filed under Section 80A of the Tamil Nadu Town and Country Planning Act, 1971 (Memorandum of grounds of appeal/revision dated 3.12.2013 is enclosed at page 40 of the typed set of papers) as expeditiously as possible and in any event, within two months from the date of receipt of a copy of this order.

The writ petition is disposed of accordingly. No costs. Consequently, W.M.P.No.13338 of 2017 is closed. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar sasi

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

2 The Member Secretary Chennai Metropolitan Development Authority Thalamuthu Natarajan Building No.1, Gandhi Irwin Road Egmore, Chennai - 600 008.

+1cc to Mr.S.Sundaresan, Advocate, S.R.No.39326 +1cc to Mr.C.Johnson, Advocate, S.R.No.39369 +1cc to the Government Pleader, S.R.No.39399 W.P.No.12560 of 2017 RS(13/06/2017)