Mr.S. Thahir Jalal, v. Commissioner,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 24.05.2017
CORAM
THE HONOURABLE MR. JUSTICE M.M.SUNDRESH AND THE HONOURABLE MR. JUSTICE R.MAHADEVAN W.P.No.13127/2017 & WMP No.14105 /2017 S.Thahir Jalal ..Petitioner Vs 1.Commissioner, Corporation of Chennai, Rippon Buildings, Chennai-600 003.
2.The Executive Engineer, Zone V, Corporation of Chennai, 61, Basin Bridge Road, Chennai-21.
3.The Assistant Executive Engineer, Division 57, Unit 13, Zone-V, Corporation of Chennai, No.28, Shanmugam Street, Seven Wells, Chennai-600 001.
4.Government of Tamil Nadu, Rep.by its Secretary to Government, Housing and Urban Development Department, Fort St.George, Chennai-600 009. ..Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus forbearing the respondents 1 to 3 from initiating any coercive action of locking, sealing and demolition with regard to the petitioners building put up at Old No.16 , New No.27, Stringer Street, George Town, Chennai-600 001 till the final determination of the petitioner's Appeal/Special Revision Petition submitted under Section 80-A and Stay Petition under Section 80-A(3) of the Tamil Nadu Town and Country Planning Act dated 15.03.2017 which was acknowledged on 20.03.2017 by the 4th respondent.
For Petitioner :
Mr.P.Ramanathan For RR-1 to 3 :
Mr.A.Nagaraju For R-4 :
Mr.M.K.Subramaniam, GP
ORDER
[Order of the court was made by R.MAHADEVAN, J.,] Heard Mr.P.Ramanthan, learned counsel appearing for the petitioner, Mr.A.Nagaraju, learned counsel appearing for the respondents 1 to 3, and Mr.M.K.Subramani, learned Government Pleader appearing for the 4th respondent.
2.Seeking an order against the respondents 1 to 3 as well as their subordinates from initiating any coercive action of locking any sealing and also demolition of the building for violating the building rules, the petitioner is before this Court. It is specifically alleged that without providing any opportunity and considering the pendency of appeal the respondents 1 to 3 are insisting the petitioner for deoccupation.
3. Admittedly, the petitioner filed the Special Revision Petition under Section 80-A of the Tamil Nadu Town and Country Planning Act dated 15.03.2017 along with stay application which is said to be pending.
4. Since, the petitioner moved the Appellate/Revisional Authority along with stay petition, we are inclined to direct the Appellate Authority- the fourth respondent herein to pass appropriate order in the stay application after providing due opportunity of hearing to the petitioner within a period of two weeks from the date of receipt of a copy of this order and decide the appeal on merits thereafter. With this direction, this writ petition is disposed of. No costs. Consequently, the connected miscellaneous petition is closed.
Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar Rj /KP
To 1.Commissioner, Corporation of Chennai, Rippon Buildings, Chennai-600 003.
2.The Executive Engineer, Zone V, Corporation of Chennai, 61, Basin Bridge Road, Chennai-21.
3.The Assistant Executive Engineer, Division 57, Unit 13, Zone-V, Corporation of Chennai, No.28, Shanmugam Street, Seven Wells, Chennai-600 001.
4.Secretary to Government, Government of Tamil Nadu, Housing and Urban Development Department, Fort St.George, Chennai-600 009.
+1cc to Mr.Ramanathan, Advocate, S.R.No.37850 W.P.No.13127/2017 & WMP No.14105/2017 RK(CO) RS(08/06/2017)