Tmt.G.Susila v. The Secretary To The

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.Nos.13476/2017 and WMP No.14549/2017 G.Susila ..Petitioner Vs 1.The Secretary to the Government, Housing and Urban Development Department, Fort St.George, Chennai - 600 009.

2.The Corporation of Chennai, Represented by Commissioner, Rippon Building, Chennai - 600 003.

3.The Executive Engineer, Zone V, Corporation of Chennai, 61, Basin Bridge Road, Old Washermanpet Chennai - 600 021.

..Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus forbearing the 2nd 3rd Respondent or anybody on their behalf from initiating any coercive action of locking and sealing and demolition with regard to the building at No.1/6(1/6) IVF Flat No.5, Maleeswarar Koil Street (South), Muthialpet, George Town, Chennai - 600 001 during the pendency of petitioner's appeal/revision dated 27.04.2017 on the file of the first respondent.

For Petitioners:

Mr.P.Raj Kumar Jhabakh For R-1 :

Mr.R.Vijayakumar Additional Govt. Pleader For R-2&R-3 :

Mr.A.Nagarajan

ORDER

[Order of the court was made by R.MAHADEVAN, J.,] Heard Mr.P.Raj Kumar Jhabakh, learned counsel appearing for the petitioner, Mr.R.Vijayakumar, learned Additional Government Pleader appearing for the first respondent and Mr.A.Nagarajan, learned counsel for the respondents 2 and 3. 2.Seeking the order against respondents 2 and 3 as well as their subordinates from initiating any coercive action of locking and sealing and also demolition of the building, the petitioner is before this Court.

3. Admittedly, the petitioner filed the Special Revision Petition under Section 80-A of the Tamil Nadu Town and Country Planning Act dated 27.04.2017 along with stay application.

4. Since, the petitioner moved the Appellate Authority along with the stay petition, we are inclined to pass an order directing the Appellate Authority-first respondent to pass order in the stay application 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, connected miscellaneous petition is closed.

s/d- Assistant Registrar(CS-III) True Copy Sub-Assistant Registrar svki/gsa To 1.The Secretary to the Government, Housing and Urban Development Department, Fort St.George, Chennai - 600 009.

2.The Commissioner, Corporation of Chennai, Rippon Building, Chennai - 600 003.

3.The Executive Engineer, Zone V, Corporation of Chennai, 61, Basin Bridge Road, Old Washermanpet Chennai - 600 021.

+1 CC to Mr.A. Nagarajan, advocate sr 37897 +1 CC to Govt. Pleader sr 38146.

+1 CC to Mr.P. Rajkumar Jhabakh, advocate sr 38065. W.P.No.13476 of 2017 PVS(CO) sp(17/08/2017)