Mr.Madanlal v. The Government Of Tamilnadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 15.06.2015
CORAM:
THE HON'BLE MR. JUSTICE SATISH K. AGNIHOTRI and THE HON'BLE MR. JUSTICE M. VENUGOPAL W.P. No.16791 of 2015 and M.P. No.1 of 2015 Madanlal Jawerilal
...Petitioners
Vs.
Government of Tamil Nadu represented by the Secretary to Government Housing and Urban Development Department Secretariat, Chennai 600 009 The Commissioner Chennai Corporation Ripon Buildings Chennai 600 003 The Regional Deputy Commissioner Chennai Corporation (North Zone) 62, Basin Bridge Road Old Washermanpet Chennai 600 021 The Executive Engineer - Zone V Corporation of Chennai Royapuram Chennai
...Respondents
Writ Petition filed under Article 226 of the Constitution of India seeking a writ of mandamus directing the respondents 2 and 4 to forbear them from in any way interfering with the building at New Door No.41, Old Door No.20, Narayana Mudali Street, George Town, Chennai 600 079, particularly, by way of locking and sealing and demolition, pending final determination of the appeal dated 19.05.2015, pending with the first respondent under Section 80-A of the Tamil Nadu Town and Country Planning Act, 1971. For petitioners :
Mr. B. Singaravelu For R1 :
Mr. P.S. Sivashanmugasundaram Special Government Pleader For R2 to R4 :
Ms. Kaarthika Ashok, Standing Counsel
ORDER
(Order of the Court was made SATISH K. AGNIHOTRI, J.) Mr. P.S. Sivashanmugasundaram, learned Special Government Pleader, accepts notice for the first respondent. Ms. Kaarthika Ashok, learned Standing Counsel, accepts notice for respondents 2 to
4. With the consent of the learned counsel for the parties, the writ petition is taken up for final disposal, at the admission stage itself.
This writ petition is filed seeking a writ of mandamus forbearing the respondents 2 and 4 from in any way interfering with the building at New Door No.41, Old Door No.20, Narayana Mudali Street, George Town, Chennai 600 079, particularly, by way of locking and sealing and demolition, pending final determination of the appeal dated 19.05.2015, pending with the first respondent under Section 80A of the Tamil Nadu Town and Country Planning Act, 1971. From a perusal of the records, it transpires that the Chennai Corporation has issued locking, sealing and demolition notice dated 10.04.2015 against the petitioners under Section 57 read with Section 85 of the Tamil Nadu Town and Country Planning Act, 1971 (for short "the Act").
Thereagainst, the petitioners have already filed an appeal under Section 80-A of the Act before the first respondentGovernment on 19.05.2015 challenging the aforesaid notice dated 10.04.2015, which is pending consideration. It is further seen that along with the said appeal, the petitioners have also preferred an application for interim stay, in view of the provisions of Section 80-A(3) of the Act.
It was observed by this Court in many a case that if there is an application for interim relief, the authorities are expected to consider the application for interim relief, within a period of two weeks. However, in the case on hand, despite lapse of three weeks from the date of filing of the application for interim relief, no order has been passed in the said petition. Therefore, without going into the merits of the case, we are of the considered view that if an appeal is filed along with the application for interim relief, the officers are well advised to consider the application for interim relief at the earliest, preferably, within a period of two weeks, to avoid further complications.
5 Accordingly, we direct the first respondent to consider the petitioners' application for interim relief as early as possible, preferably, within a period of two weeks from the date of receipt of a copy of this order and also to consider the petitioners' appeal within the statutory period prescribed under the provisions of law, on its own merits and in accordance with law. It is made clear that for a period of two weeks, status quo as obtained today, in respect of the property in question, shall be maintained by both the parties. The writ petition stands disposed of, with the above direction and observation. No costs. Connected Miscellaneous Petition is closed.
Sd/- Assistant Registrar(J) //True Copy// Sub Assistant Registrar cad To The Secretary to Government Housing and Urban Development Department Government of Tamil Nadu Secretariat, Chennai 600 009
The Commissioner Chennai Corporation Ripon Buildings Chennai 600 003 The Regional Deputy Commissioner Chennai Corporation (North Zone) 62, Basin Bridge Road Old Washermanpet Chennai 600 021 The Executive Engineer - Zone V Corporation of Chennai Royapuram, Chennai 1 CC to the Government Pleader, SR.No. 29108 1 CC to Ms. Kaarthika Ashok, Advocate SR.No. 29122 1 CC to Mr. B. Singaravelu, Advocate SR.No. 29094 W.P. No.16791 of 2015 SV-I (CO) PSI (23.06.2015)