K.Vivekanandan v. The State Of Tamil Nadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 13.05.2021

CORAM

THE HONOURABLE MR. JUSTICE C.V.KARTHIKEYAN AND THE HONOURABLE MR. JUSTICE KRISHNAN RAMASAMY W.P.No.11898 of 2021 & WMP.No.12648 of 2021 [Video Conferencing] K.Vivekanandan .. Petitioner

Versus

1.The State of Tamil Nadu, Rep. By Secretary to Government, Housing and Urban Development Department, Fort St.George, Chennai - 600 009.

2.The Commissioner, Greater Chennai Corporation, Rippon Buildings, Park Town, Chennai - 600 003.

3.The Executive Engineer, Zone - 01.

4.The Assistant Executive Engineer, Unit 03.

5.The Assistant Engineer, Division No.11, Respondents 3 to 5 having office at West Mada Street, Thiruvottriyur, Chennai - 600 019.

..

Respondents Prayer:- Writ petition filed under Article 226 of the Constitution of India praying to issue a writ of mandamus, forbearing the respondents from demolishing the construction in the premises bearing Door No.17/12B, Thirupurasundari Nagar, Kaladipet, Thiruvottriyur, Chennai - 600 019 pending disposal of the appeal dated 29.05.2020 u/s 80(A)(3) of Tamil Nadu Town and Country Planning Act (Tamil Nadu Act 35 of 1972) and amended Act 61 of 2008 filed against the Lock and Seal and Demolition Notice U/s. 57 r.w Section 85 of Town and Country Planning Act, 1971 in reference letter No.01/00984/2020 dated 13.05.2020 on the file of the first respondent. For Petitioner :

Mr.J.R.K.Bhavanantham For Respondents:

Mrs.A.Srijayanthi Special Govt. Pleader for R1

Mr.P.Gopinath Standing Counsel for R2 to R5

ORDER

(1) Heard the submissions of the learned counsel for the petitioner; Mrs.A.Srijayanthi, learned Special Government Pleader accepts notice on behalf of the 1st respondent and Mr.R.Gopinath, learned Standing counsel accepts notice on behalf of respondents 2 to 5.

(2) The writ petitioner challenges the De-occupation Notice issued by the respondents in Letter No.01/00027/2021 dated 26.02.2021.

(3) As a matter of fact, Stop Work Notice has been issued as early as on 05.03.2020 by the respondents herein and pursuant to that, a Locking and Sealing Notice had also been issued on 13.05.2020. Questioning such a Notice, an appeal had also been filed by the petitioner under Section 80[A][3] of the Tamil Nadu Town and Country Planning Act, 1971, which is now pending on the file of the 1st respondent. This appeal has been preferred on 29.05.2020.

(4) It is stated that no orders have been passed in the appeal and subsequently, the respondents appeared to have passed orders on 29.09.2020 [2nd Lock and Seal Notice] and 26.02.2021 respectively.

(5) In view of the fact that the appeal had been preferred presumably within the statutory period, a direction is given to the 1st respondent to dispose of the said appeal within a period of twelve weeks from this date and pass a considered order.

(6) Let principles of natural justice also be followed during the course of hearing of the appeal and till a decision is taken in the appeal, the order impugned, is kept in abeyance.

(7) The writ petition stands disposed of accordingly. No costs.

Consequently, the connected miscellaneous petition is closed.

Sd/- Assistant Registrar(co) //True Copy// Sub Assistant Registrar AP To:

1.The Secretary to Government, Housing and Urban Development Department, Fort St.George, Chennai - 600 009.

2.The Commissioner, Greater Chennai Corporation, Rippon Buildings, Park Town, Chennai - 600 003.

3.The Executive Engineer, Zone - 01, West Mada Street, Thiruvottriyur, Chennai - 600 019.

4.The Assistant Executive Engineer, Unit 03, West Mada Street, Thiruvottriyur, Chennai - 600 019.

5.The Assistant Engineer, Division No.11, West Mada Street, Thiruvottriyur, Chennai - 600 019.

+1cc to Mr.R.Gopinath , Advocate SR.No. 27234 +1cc to Mr.J.R.K.Bhavanantham, Advocate SR.No. 27215 +1 cc to Government Pleader Sr.No. 27239 W.P.No.11898 of 2021 A.SK(19.05.2021)