M.Balakrishnan v. The Director,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 08.07.2020
CORAM:
THE HONOURABLE MR.JUSTICE M.M.SUNDRESH and THE HONOURABLE MRS.JUSTICE R. HEMALATHA W.P.Nos.8913, 8914, 8916, 8917, 8918, 8919, 8920, 8921, 8923, 8924, 8925 and 8926 of 2020 & W.M.P.Nos.10842, 10841, 10843, 10844, 10845, 10847, 10846, 10849, 10850, 10852, 10855 and 10857 of 2020 M.Balakrishnan .. Petitioner in W.P.No.8913 of 2020 S.K.Perumal .. Petitioner in W.P.No.8914 of 2020 M.Krishnasamy .. Petitioner in W.P.No.8916 of 2020 J.Lime Rose Jayanthi .. Petitioner in W.P.No.8917 of 2020 S.Raja Gandhi .. Petitioner in W.P.No.8918 of 2020 M.Shanmugam .. Petitioner in W.P.No.8919 of 2020 E.Sampath .. Petitioner in W.P.No.8920 of 2020 R.Selvi .. Petitioner in W.P.No.8921 of 2020 V.Sachinandham .. Petitioner in W.P.No.8923 of 2020 M.Ponnuvel .. Petitioner in W.P.No.8924 of 2020 R.G.Nagappan .. Petitioner in W.P.No.8925 of 2020 Rita Mary Albonsa .. Petitioner in W.P.No.8926 of 2020 Vs 1.The Director, Department of Town & Country Planning, Annasalai, Chennai - 600 002.
2.The Commissioner, Corporation of Chennai, Rippon Building, Chennai - 600 003.
3.The Executive Engineer, Zone - 01, Corporation of Chennai, Thiruvottiyur, Chennai - 600 019.
4.The Assistant Engineer, Division - 001, Corporation of Chennai, Thiruvottiyur, Chennai - 600 019.
5.The Assistant Executive Engineer, Unit - 01, Zone - 1, Corporation of Chennai, Thiruvottiyur, Chennai - 600 019.
. Respondents in all WPs.
PRAYER IN W.P.No.8913 OF 2020: Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Certiorari, calling for the records pertaining to the impugned order dated 18.03.2020 (signed on 21.05.2020) letter No. 01/00905/2020 passed by the respondents 3 to 5 and quashing the same.
PRAYER IN W.P.Nos.8914,8917,8918,8919,8920,8921,8923,8924,8925, and 8926 OF 2020:
Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Certiorari, calling for the records pertaining to the impugned order dated 20.03.2020,18.03.2020, 18.03.2020, 18.03.2020, 18.03.2020, 20.03.2020, 18.03.2020,18.03.2020,18.03.2020,18.03.2020 and 18.03.2020 (signed on 21.05.2020) respectively letter No. 01/00945/2020, 01/00908/2020, 01/00900/2020, 01/00898/2020 01/00915/2020,01/00941/2020,01/00903/2020,01/00902/2020,01/00911 /2020 01/00909/2020 and 01/00901/2020 respectively passed by the respondents 3 to 5 and quashing the same.
For Petitioner : Mr.C.Prabhakaran in all W.Ps.
For Respondents : Mr.V.Jayaprakash Narayanan Government Pleader for R1 : Mr.Raja Shrinivas for RR2 to 5 COMMON ORDER [Order of the Court was made by M.M.SUNDRESH, J.] Challenging the impugned orders passed, which are admittedly revisable under the Tamil Nadu Town and Country Planning Act, 1971, the present writ petitions have been filed.
2. The learned counsel appearing for the petitioners submitted that the petitioners are residing in their respective places and the impugned orders have not been given effect to. It is further stated that the petitioners have been residing there for a period of 30 years and giving effect to the impugned orders during pandemic would cause hardship.
3. We do not wish to go into the merits of the case. The orders impugned are revisable under the Act. Thus, considering the facrts and circumstances of the cases, while directing the respondents to maintain status quo as on today, the petitioners
are at libaerty to file revision petitions under the abovesaid Act within a period of four weeks from the date of receipt of a copy of this order. It is needless to state that the order of status quo shall be in force till such time the revision petitions are filed and received by the Government and thereafter, the petitioners are at liberty to seek appropriate orders in accordance with law.
4. These writ petitions stand disposed of accordingly. No costs. Consequently, connected writ miscellaneous petitions are closed.
Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar raa/kmk To, 1.The Director, Department of Town & Country Planning, Annasalai, Chennai - 600 002.
2.The Commissioner, Corporation of Chennai, Rippon Building, Chennai - 600 003.
3.The Executive Engineer, Zone - 01, Corporation of Chennai, Thiruvottiyur, Chennai - 600 019.
4.The Assistant Engineer, Division - 001, Corporation of Chennai, Thiruvottiyur, Chennai - 600 019.
5.The Assistant Executive Engineer, Unit - 01, Zone - 1, Corporation of Chennai, Thiruvottiyur, Chennai - 600 019.
W.P.Nos.8913, 8914, 8916, 8917, 8918, 8919, 8920, 8921, 8923, 8924, 8925 and 8926 of 2020 A.SK(09/09/2020)