K.Alagar Perumal, v. Government Of Tamil Nadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 19.05.2016

CORAM

The HONOURABLE MR.JUSTICE K.KALYANASUNDARAM and The HONOURABLE MR.JUSTICE D.KRISHNAKUMAR W.P.No.18012 of 2016 and W.M.P.No.15806 of 2016 K.Alagar Perumal ... Petitioner Vs 1.Government of Tamilnadu, Rep by its Secretary to Government, Housing and Urban Development Department, Secretariat, Chennai-9.

2.Naravarikuppam Town Panchayat, Rep by its Executive Engineer, Red Hills, Chennai-52.

... Respondents Writ Petition filed under Article 226 of the Constitution of India for issue of Writ of Mandamus directing the 1st respondent to consider and pass orders in accordance with law on the petitioner's interim application dated 27.04.2016 Under Sec.80 (A)(3) of the Town and Country Planning Act expeditiously and the main application under section 80(A) of the said act within the statutory prescribed period with respect of Locking and Sealing of the Building put up at Survey No.86/2, Naraverikuppam Village, GNT Road, Redhills, Chennai-52 expeditiously in accordance with law.

For Petitioner : Mr.D.S.Rajasekaran For Respondents : Mr.P.Sanjay Gandhi, AGP

O R D E R

[Order of the Court made by K.KALYANASUNDARAM, J.] This writ petition is filed to issue a writ of mandamus to direct the 1st respondent to consider and pass orders in accordance with law on the petitioner's interim application

dated 27.04.2016 under Sec.80(A)(3) of the Town and Country Planning Act expeditiously and the main application under section 80(A) of the said Act within the statutory prescribed period with respect of Locking and Sealing of the Building put up at Survey No.86/2, Naraverikuppam Village, GNT Road, Redhills, Chennai-52 expeditiously in accordance with law.

2. Mr.D.S.Rajasekaran, learned counsel for the petitioner submitted that the petitioner has filed an appeal under Section 80(A) of the Town and Country Planning Act before the first respondent challenging the order passed by the 2nd respondent made in R.C.No.258/2012.A1 dated 21.04.2016 and the petitioner has also filed an interim application under Section 80(A)(3) of the Town and Country Planning Act seeking interim direction to remove the lock and seal of the building situated at Survey No.86/2, Naraverikuppam Village, GNT Road, Redhills, Chennai-52, pending disposal of the appeal. It is further submitted that since the application is not disposed of, the petitioner has come with the present writ petition.

3. Learned counsel for the petitioner would further submit that in similar matters in W.P.No.4496 of 2016 and W.P.No.14221 of 2016, the Division Bench of this Court had issued a direction to dispose of the application for interim relief within a period of two weeks .

4. Heard the learned counsel for the petitioner and the learned Additional Government Pleader appearing for the respondents.

5. Considering the above submissions, this Court directs the first respondent to dispose of the interim application dated 27.04.2011 filed by the petitioner under Section 80(A)(3) of the Town and Country Planning Act, on merits and in accordance with law within a period of two weeks from the date of receipt of a copy of this order. The writ petition is disposed of accordingly. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar

To 1.The Secretary to Government, Government of Tamilnadu, Housing and Urban Development Department, Secretariat, Chennai-9.

2.The Executive Engineer, Naravarikuppam Town Panchayat, Red Hills, Chennai-52.

+1cc to Mr.D.S.Rajasekaran, Advocate sr.28403 W.P.No.18012 of 2016 and W.M.P.No.15806 of 2016 sv(CO) srg(23/05/2016)