P.K.Duraisamy v. The Government Of Tamilnadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 15/7/2015 C O R A M THE HON'BLE MR. JUSTICE SATISH K. AGNIHOTRI and THE HON'BLE MR. JUSTICE M. VENUGOPAL W.P. No.21304 of 2015 and M.P. No.1 of 2015 P.K.Duraisamy

...Petitioner

Vs

1. The Government of Tamil Nadu rep. By Secretary to Government Housing and Urban Development Department Fort St. George Secretariat Chennai 600 009.

2. The Commissioner of Town and Country Planning No.807 Anna Salai Chennai 600 002.

3. The District Collector/Chairman Erode Local Planning Authority

4. The Member Secretary (I/c) Erode Local Planning Authority

5. The Assistant Commissioner Erode Corporation Zone II Periyasemur Erode 638 004.

6. The Commissioner Erode City Municipal Corporation

...Respondents

Writ Petition filed under Article 226 of the Constitution of India seeking a writ of mandamus forbearing the respondents 2 to 6 from in any manner locking & sealing and demolishing the premises bearing Plot Nos.63 to 68 in R.S.No.192/2pt (Adjacent to R.S.No.193, Khaniravuthuar Kulam), Ward - 17, Periyasemur, Erode Corporation pursuant to the notice bearing ROC No.1266/2014 ELPA-2 dated 2/7/2015, issued by the fourth respondent, till the disposal of the appeal dated 8/7/2015 pending before the first respondent in accordance with law.

For petitioner :

Mr.AR.L.Sundaresan Senior Counsel for Mr.P.Valliappan For respondents :

Mr. P.S. Sivashanmugasundaram Special Government Pleader for R.R.1 to 5.

O R D E R

(Order of the Court was made SATISH K. AGNIHOTRI, J.) Feeling aggrieved by the notice dated 2nd July, 2015 issued by the fourth respondent under Section 56 (2A) of the Tamil Nadu Town and Country Planning Act, 1971 (for short "the Act"), the petitioner has preferred an appeal under Section 80-A of the Act before the first respondent-Government, with an application for interim relief, on 8th July, 2015. Without waiting for a reasonable time, the petitioner has rushed to this Court with the instant writ petition on 13th July, 2015, seeking a direction to the Appellate Authority to dispose of the appeal, expeditiously.

2. At this stage, it is better to point out certain provisions of law under which an appeal is to be decided. The second proviso to Section 80-A of the Act prescribes that the application for revision/appeal filed under Section 80-A of the Act shall be disposed of by the Government within 90 days from the date of receipt of the application. Grant of 90 days time to dispose of the appeal is certainly with some object, perhaps, to obtain views of the authorities and also to provide an opportunity of hearing to all the parties concerned. In that process, 90 days time may be required to render justice between the parties.

3. Now, the petitioner has come up with the instant writ petition within 10 days from the date of preferring the appeal, seeking a mandamus which is normally issued against an authority for non-action or inaction or against wrong action. Certainly, this is not a case where issue of non-action, wrong action or inaction has arisen, as, the Appellate Authority has not been given an opportunity to take action, within the reasonable time. Thus, this writ petition for issuance of a writ of mandamus is not maintainable, at this stage.

4. We deprecate this practice of rushing to the Writ Court invoking the extra-ordinary jurisdiction of the High Court under Article 226 of the Constitution of India, without waiting for a decision within the prescribed statutory period. This practice is tantamount to abuse of judicial process.

5. It is also brought to our notice that an application for interim relief has also been filed under Section 80-A(3) of the Act. We expect that the authorities will consider the application for interim relief, at the earliest, preferably within a period of two weeks, whenever an application for interim relief is filed along with the memorandum of appeal.

6. In view of the foregoing, status quo, in respect of the property in question, as obtained today, shall be maintained for a period of two weeks from today.

7. The writ petition stands disposed of, with the above observation. No costs. Connected Miscellaneous Petition is closed. Sd/- Assistant Registrar(CS-IV) //True Copy// Sub Assistant Registrar mvs.

To

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

2. The Commissioner of Town and Country Planning No.807 Anna Salai, Chennai 600 002.

3. The District Collector/Chairman Erode Local Planning Authority, Erode.

4. The Member Secretary (I/c) Erode Local Planning Authority, Erode.

5. The Assistant Commissioner Erode Corporation, Zone II Periyasemur, Erode 638 004.

6. The Commissioner, Erode City Municipal Corporation, 1 CC to Mr.P.Valliappan, Advocate SR.No. 35986 1 CC to the Government Pleader, SR.No. 35957 W.P. No.21304 of 2015 EV (CO) PSI (29.07.2015)