D.Stephen v. The Commissioner
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 21.06.2021
CORAM
THE HONOURABLE MR. JUSTICE N. KIRUBAKARAN AND THE HONOURABLE MRS. JUSTICE T.V. THAMILSELVI W.P. Nos. 11716 & 12065 of 2021 & W.M.P. No.12839 of 2021 W.P. No. 11716 of 2021 D. Stephen
...Petitioner
Vs.
Ripon Building, Chennai - 600 003.
The Member Secretary, Chennai Metropolitan Development Authority, No.1, Gandhi Irwin Road, Egmore, Chennai - 600 008.
D. Rufus D. Albert
...Respondents
Prayer:
Petition under Article 226 of the Constitution of India praying for issue of a Writ of Mandamus directing the 3rd respondent by their letter Z.O.XI.C.No: A2/5639/2016 dt: 16.11.2016 to execute his STOP WORK NOTICE issued on 20.10.2016 against the action initiated for unauthorized construction at Door No. 4/45, New No. 5/110, Perumal Kovil Street, Nerkundram, Chennai - 600 107 in respect of the violation of CMDA Rules by the 4th and 5th respondents and take suitable action against them.
For Petitioner ::
Mr.V.P. Raju For Respondents ::
Mr.K. Raja Srinivas for R1 & R3 Mr.Karthik Rajan for R2 W.P. No. 12065 of 2021 Rufus
...Petitioner
Vs.
The State rep. by The Secretary to Government, Housing and Urban Development Department, Secretariat, Fort St. George, Chennai - 600 009.
Rippon Building, Chennai - 600 003.
Town Planning, The Assistant Executive Engineer, Unit 33, Zone XI, Valasaravakkam, Chennai 600 087.
The Assistant Engineer, Division 145, Zone XI, Valasaravakkam, Chennai - 600087.
...Respondents
Prayer:
Petition under Article 226 of the Constitution of India praying for issue of a Writ of Mandamus directing the 1st respondent to take up the stay petition filed in statutory appeal under Section 80-A of Tamil Nadu Town and Country Planning Act vide acknowledgement dated 13.05.2021 preferred against impugned notice dated 07.05.2021 bearing Notice No. Z.OXI/DIV-145/002/2021 issued for Lock and Seal and demolition which was served to the petitioner on 12.05.2021.
For Petitioner ::
Mr.R. Thirumoorthy For Respondents ::
Mrs. R. Anitha, State Government Counsel for R1 Mr.K. Raja Srinivas for R2 to R5 COMMON ORDER (Order of the Court was made by N. KIRUBAKARAN,J.) The matters were heard through videoconferencing.
2. The writ petitions have been filed by close relatives, the petitioner in W.P. No. 11716 of 2021 being the paternal uncle of the petitioner in W.P.No. 12065 of 2021, with regard to the constructions made in Old Door No. 4/45 and New Door No. 5/110, Perumal Kovil Street, Nerkundram, Chennai - 107.
3. The property originally belonged to one Daniel who had three sons namely, Stephen, Devan and Stanley. Devan has got two sons namely, Albert and Rufus. The sons of Devan, Albert and Rufus, have unauthorisedly made constructions encroaching upon the common passage and also the share belonging to Stephen. In view of that, Stephen filed W.P. No. 11716 of 2021 making Rufus and Albert, sons of Devan as parties and sought a Writ of Mandamus directing the 3rd respondent to enforce the stop work notice dated 20.10.2016 issued by him.
4. W.P. No. 12065/2021 has been filed by Rufus, who is the nephew of Stephen, seeking a Writ of Mandamus directing the 1st respondent, namely, Housing and Urban Development Secretary to take up the stay petition filed in the statutory appeal filed under Section 80A of Tamil Nadu Town and Country Planning Act, 1971 against the lock and seal and demolition notice dated 07.05.2021 issued pursuant to the filing of W.P. No. 11716/2021 by Stephen.
5. Heard Mr.V.P. Raju, learned counsel for the petitioner in W.P. No. 11716 of 2021, Mr.R. Thirumoorthy, learned counsel for the petitioner in W.P. No. 12065 of 2021, Mr. K. Raja Srinivas, learned counsel for the Corporation, Mrs.R. Anitha, learned State Government Counsel for the 1st respondent in W.P. No.12065 of 2021 and Mr.Karthik Rajan, learned counsel for Chennai Metropolitan Development Authority.
6. Eventhough there is a suit pending before the Civil Court with regard to the same property, the reliefs sought in the respective writ petitions are only with regard to enforcing the
stop work notice issued by the Corporation authorities dated 20.10.2016 (W.P. No. 11716 of 2021) and disposal of the stay petition filed in the appeal against lock and seal notice issued by the respondent Corporation (W.P. No. 12065 of 2021).
7. It is evident that already stop work notice had been issued against D. Rufus and D. Albert, who are nephews of Stephen, the petitioner in W.P. No. 11716/2021. Further, based on the claim of the petitioner in W.P. No. 11716 of 2021 that the construction by private respondents is without any approved plan, pursuant to the admission of W.P. No. 11716 of 2021, action has been taken by issuing lock and seal notice on 04.06.2021, for which a reply has been submitted by the private respondents along with the approved plan. Therefore, it is for the official respondents to consider and proceed in accordance with law. W.P. No. 11716 of 2021 is disposed of accordingly. No costs.
8. As far as W.P. No. 12065/2021 is concerned, an appeal has been filed against the lock and seal notice issued by the respondent Corporation on 07.05.2021. In the said appeal under Section 80-A of Tamil Nadu Town and Country Planning Act, a stay petition has been filed. That stay petition is directed to be taken up and disposed of to safeguard the rights of the petitioner in W.P. No. 12065/2021.
9. Considering the fact that the petitioner and his family members are residing there, that the building is said to have been constructed in 2016 and stop work notice dated 20.10.2016 has been issued as the building has been constructed without any approved plan, it is appropriate to direct the 1st respondent, namely, Secretary, Housing and Urban Development Department, to dispose of the appeal itself within a period of 12 weeks from the date of receipt of a copy of this order. The stay petition filed by the petitioner before the said authority is allowed since, if any order is going to be passed by the 1st respondent in the stay petition, again, it will give rise to another round of litigation and to avoid that, the above direction has been given. Till the appeal is disposed of by the 1st respondent therein within the stipulated time and the order is served upon the writ petitioner, no coercive steps shall be taken. The writ petition is disposed of with the above direction. No costs. Connected W.M.P. is closed.
Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar nv
To The Secretary to Government, Housing and Urban Development Department, Secretariat, Fort St. George, Chennai - 600 009.
Ripon Building, Chennai - 600 003.
The Member Secretary, Chennai Metropolitan Development Authority, No.1, Gandhi Irwin Road, Egmore, Chennai - 600 008.
The Assistant Executive Engineer, Unit 33, Zone XI, Valasaravakkam, Chennai 600 087.
6.
The Assistant Engineer, Division 145, Zone XI, Valasaravakkam, Chennai - 600087.
+1cc to Mr.V.P. Raju, Advocate, S.R.No.28960 W.P. Nos. 11716 & 12065 of 2021 PL(CO) HS(29/07/2021)