Mr.R.Saravanan v. The Government Of Tamilnadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATE: 30-01-2015

CORAM:

THE HONOURABLE MR. JUSTICE SATISH K. AGNIHOTRI AND THE HONOURABLE MR. JUSTICE M. VENUGOPAL W.P. No.1590 of 2015 and M.P. No.1 of 2015 R. Saravanan Petitioner Vs.

The Government of Tamil Nadu represented by its Secretary to Government Housing & Urban Development Department Fort St. George Chennai 600 009 The Commissioner Corporation of Tiruppur Tiruppur Tiruppur District The Assistant Commissioner Zone IV Corporation of Tiruppur Tiruppur Tiruppur District The Local Planning Authority Corporation of Tiruppur Tiruppur Tiruppur District Respondents Writ Petition filed under Article 226 of the Constitution of India seeking a writ of mandamus forbearing the respondents 3 and 4 from initiating any action of locking and sealing in respect of the building put up at No.C-418, S.R. Nagar, Aandipalayam, Tirupur 641 687 till the disposal of the appeal petition dated 15.12.2014 submitted to the Government, the first respondent herein, under the Town and Country Planning Act, is disposed of. For petitioner Mr. S. Thiruvengadam For R1 Mr. N. Sakthivel, Govt. Advocate For RR 2 & 3 Ms. P. Shanthi

ORDER

(Order of the Court was made by SATISH K. AGNIHOTRI, J.) Mr. N. Sakthivel, learned Government Advocate, takes notice for the first respondent. Ms. P. Shanthi, learned counsel, takes notice for the respondents 2 and 3. With the consent of the learned counsel on either side, the writ petition is taken up for final disposal at the admission stage itself.

The petitioner's grievance is that he had preferred an appeal on 15.12.2014 under Section 80-A of the Tamil Nadu Town and Country Planning Act, 1971, (for short "the Act") before the first respondent against the stop work notice dated 05.12.2014 issued by the second respondent, but, till now, no order has been passed in the said appeal. Hence, he has filed the instant writ petition seeking a direction forbearing the respondents 3 and 4 from initiating any action of locking and sealing his residence, pursuant to the aforestated stop work notice.

Since an appeal, as stated above is pending consideration before the first respondent, this writ petition cannot be entertained. However, the first respondent is directed to consider the petitioner's appeal dated 15.12.2014 and pass orders on merits and in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order. As stay application also has been pending before the first respondent, which is maintainable under Section 80-A(3) of the Act, the first respondent is directed to pass orders in the stay petition, within a period of two weeks from today. Till orders are passed in the stay petition, i.e., for a period of two weeks, status quo as obtained today, shall be maintained by both the parties. The writ petition stands disposed of with the above directions. No costs. Connected Miscellaneous Petition is closed. cad -s/d- Assistant Registrar(LA) Dt:9/2/2015 True Copy Sub-Assistant Registrar To The Secretary to Government Housing & Urban Development Department Government of Tamil Nadu Fort St. George Chennai 600 009

The Commissioner Corporation of Tiruppur Tiruppur Tiruppur District The Assistant Commissioner Zone IV Corporation of Tiruppur Tiruppur Tiruppur District The Local Planning Authority Corporation of Tiruppur Tiruppur Tiruppur District + 1 cc to M/s.S.Thiruvengadam, Advocate SR 5028 + 1 cc to Govt.Pleader SR 5301 rsi(co) prk11/2 W.P. No.1590 of 2015