A.Amirtha Raj v. The Additional Secretary (Technical)
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 29.04.2024 CORAM :
THE HONOURABLE MR. JUSTICE S.S. SUNDAR AND THE HONOURABLE MR. JUSTICE N. SENTHILKUMAR and W.M.P.Nos.11171 & 11172 of 2024 A.Amirtha Raj ... Petitioner Vs.
1.The Additional Secretary (Technical) Housing and Urban Development Department, Secretariat, Fort St. George, Chennai - 600 009.
2.Executive Engineer, Zone No.10, Greater Chennai Corporation, No.11/25, Dr.Ambedkar Road, Corporation Colony, Kamaraj Colony, Kodambakkam, Chennai - 600 024.
3.The Assistant Executive Engineer, Unit-31, Greater Chennai Corporation, No.11/25, Dr.Ambedkar Road, Corporation Colony, Kamaraj Colony, Kodambakkam, Chennai - 600 024.
4.The Assistant Engineer (AE) Division 133, Greater Chennai Corporation, Ram Colony, West Mambalam, Chennai - 600 033.
... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing the 1st respondent to pass orders on petitioner's revision petition filed on 13.03.2024 within stipulated time and till such time, direct the respondents 2 to 4 to remove the lock and seal from the petitioner's property situated at Door No.53, Andiappa Naicken Street, West Mambalam, Chennai.
For Petitioner :
Mr.N.Srinivasan for Mr.S.Ramachandran For R1 :
Mr.G.Nanmaran Special Government Pleader For R2 to R4 :
Mr.D.B.R.Prabhu Standing Counsel
O R D E R
(Order of the Court was made by S.S. SUNDAR, J.) This writ petition is filed for issuance of a Writ of Mandamus directing the 1st respondent to pass orders on petitioner's revision petition
filed on 13.03.2024 within stipulated time and till such time, direct the respondents 2 to 4 to remove the lock and seal from the petitioner's property situated at Door No.53, Andiappa Naicken Street, West Mambalam, Chennai.
2.This Court finds no merit in this writ petition, on admitted facts, for obvious reasons. Learned counsel appearing for the petitioner submitted that proceedings were initiated only in respect of a small portion of the building which is adjacent to the petitioner's building and that the respondents have now sealed the premises in which the petitioner is in occupation. This Court is not inclined to accept the case of the petitioner. However, the learned counsel also states that, as against the order for locking and sealing the premises dated 04.12.2021, the petitioner has preferred a statutory revision under Section 80-A of the Tamil Nadu Town and Country Planning Act, 1971. Learned counsel appearing for the 1st respondent states that the statutory revision is posted for hearing tomorrow, i.e. on 30.04.2024.
3.In such circumstances, this Court disposing of this writ petition with liberty to the petitioner to prosecute his statutory revision in accordance with law. Since the 1st respondent has listed the matter for hearing tomorrow, this Court expects the 1st respondent to pass appropriate orders on merits and in accordance with law, within a reasonable time, atleast before 04.06.2024. No costs. Consequently, connected miscellaneous petitions are closed.
(S.S.S.R., J.) (N.S., J.) 29.04.2024 Note to Registry :
Issue order copy today mkn Internet : Yes Index : Yes / No
To 1.The Additional Secretary (Technical) Housing and Urban Development Department, Secretariat, Fort St. George, Chennai - 600 009. 2.The Executive Engineer, Zone No.10, Greater Chennai Corporation, No.11/25, Dr.Ambedkar Road, Corporation Colony, Kamaraj Colony, Kodambakkam, Chennai - 600 024.
3.The Assistant Executive Engineer, Unit-31, Greater Chennai Corporation, No.11/25, Dr.Ambedkar Road, Corporation Colony, Kamaraj Colony, Kodambakkam, Chennai - 600 024.
4.The Assistant Engineer (AE) Division 133, Greater Chennai Corporation, Ram Colony, West Mambalam, Chennai - 600 033.
S.S. SUNDAR , J.
and N. SENTHILKUMAR, J.
mkn 29.04.2024