Hajirabanu v. The Member Secretary,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 07.07.2022
CORAM
THE HONOURABLE MR.JUSTICE T.RAJA AND THE HONOURABLE MR.JUSTICE K.KUMARESH BABU W.P.No.19725 of 2020 and W.M.P. No.24369 of 2020 Hajirabanu .. Petitioner -vs1.The Member Secretary, Chennai Metropolitan Development Authority, Egmore, Chennai - 600 008.
2.The Commissioner, Greater Chennai Corporation, Chennai - 600 003.
3.The Deputy Commissioner, Greater Chennai Corporation, Tondiarpet Zone, Chennai - 600 003.
4.The Assistant Executive Engineer, Ward No.50, Zone No.5, Greater Chennai Corporation, Chennai-600 013.
5.The Zonal Officer, Zone No.5, Thondiarpet, Greater Chennai Corporation, Chennai - 600 013.
6.Rani Ammal .. Respondents 1/5
Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus directing the respondents 1 and 2 to consider the petitioner's representations dated 31.01.2020 and 15.02.2020 by taking appropriate action against the 6th respondent and stop the illegal construction activities at Door No.47, West Mada Kovil Street, Royapuram, Chennai - 600 013.
For Petitioner ::
Mr.K.M.Balaji For Respondents ::
Mr.M.Ganeshan, Standing Counsel Corporation for R2 to 5 Mr.R.Thamarai Selvan, Standing Counsel CMDA for R1
ORDER
(Order of the Court was made by T.RAJA, J.) The petitioner herein has filed this petition for issuance of a writ of Mandamus seeking a direction to respondents 1 and 2 to consider her representations dated 31.01.2020 and 15.02.2020 by taking appropriate action against the 6th respondent and stop the illegal construction activities at Door No.47, West Mada Kovil Street, Royapuram, Chennai - 600 013.
2.When the matter is taken up for hearing, Mr.M.Ganeshan, 2/5
learned Standing Counsel appearing for the Corporation/R2 to 5, drawing our notice to paragraph 7 of the counter affidavit dated 29.09.2021 filed by the Zonal Officer, Greater Chennai Corporation, fifth respondent, submitted that now the sixth respondent had preferred an Appeal dated 19.08.2021 under Section 80-A of the Tamil Nadu Town and Country Planning Act, 1971 before the Secretary to Government, Housing and Urban Development Department and the same is pending for consideration and therefore, they are unable to proceed with the de-occupation notice therein. 3.Since an Appeal dated 19.08.
2021 filed by the sixth respondent under Section 80-A of the Tamil Nadu Town and Country Planning Act, 1971 is pending for consideration before the Secretary to Government, Housing and Urban Development Department, we are inclined to issue suitable direction to the respondents. Accordingly, respondents 1 and 2 are directed to consider the representations dated 31.01.2020 and 15.02.2020 filed by the petitioner, on merits and in accordance with law within a period of three months from the date of receipt of a copy of this order.
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T.RAJA, J.
and K.KUMARESH BABU,J.
vga petition stands disposed of. Consequently, connected W.M.P. stands closed. However, there is no order as to costs. (T.R.,J.) (K.B.,J.) 07.07.2022 vga To 1.The Member Secretary, Chennai Metropolitan Development Authority, Egmore, Chennai - 600 008.
2.The Commissioner, Greater Chennai Corporation, Chennai - 600 003.
3.The Deputy Commissioner, Greater Chennai Corporation, Tondiarpet Zone, Chennai - 600 003.
4.The Assistant Executive Engineer, Ward No.50, Zone No.5, Greater Chennai Corporation, Chennai-600 013.
5.The Zonal Officer, Zone No.5, Thondiarpet, Greater Chennai Corporation, Chennai - 600 013.
W.P.No.19725 of 2020 and W.M.P. No.24369 of 2020 5/5