K.Devendiran v. The Secretary To Government
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 13.07.2021 CORAM :
THE HONOURABLE MR.JUSTICE N.KIRUBAKARAN and THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI W.P. No. 13877 of 2021 and W.M.P. No. 14740 of 2021 K.Devendiran
...Petitioner
Vs 1.The Secretary to Government Housing and Urban Development Department, St. George Fort Chennai - 600 009.
2.The Commissioner of Corporation Greater Chennai Corporation Chennai - 600 003.
3.The Executive Engineer /Zone - 14 Greater Chennai Corporation Zonal Office - 14 No.6/64, Puzhuthivakkam Main Road Puzhuthivakkam, Chennai - 600 091.
4.The Assistant Engineer/Zone-14 Greater Chennai Corporation Zonal Office - 14 No.6/64, Puzhuthivakkam Main Road Puzhuthivakkam, Chennai - 600 091.
...Respondents
Prayer : Petition filed under Article 226 of the Constitution of India, seeking for issuance of Writ of Mandamus, directing the First Respondent to dispose of pending revision petition under Section 80-A of the Town and Country Planning Act, dated 10.02.2021 for the relief of re-opening lock and seal made on 29.12.2020 over the Petitioner's property situated at No.4, Third Street, Sri Nageswari Amman Nagar, Pallikaranai, Chennai-100.
For Petitioner : Mr. D.Vijayan For Respondents : Mrs. R.Anitha (For R1) Government Advocate Mr. K.Raja Srinivas (For R2 to R4)
ORDER
(Order of the Court was passed by N.KIRUBAKARAN, J) The matter was heard through 'Video Conference'.
2. The Petitioner has come before this Court seeking for a direction directing the First Respondent to dispose of pending Revision Petition dated 10.02.2021 filed under Section 80-A of the Tamil Nadu Town and Country Planning Act, 1971 (hereinafter referrred to as 'the Act' for short) against the Lock and Seal Notice dated 29.12.2020 issued to him in respect of the Petitioner's property situated at No.4, III Street, Sri Nageswari Amman Nagar, Pallikkaranai, Chennai - 600 100.
3. Heard Mr. D.Vijayan, Learned Counsel for the Petitioner, Mrs. R.Anitha, Learned Government Advocate appearing for the First Respondent and Mr. K.Raja Srinivas, Learned Counsel appearing for the Second to Fourth Respondents, and perused the materials placed on record, apart from the pleadings of the parties.
4. It is evident from the documents that pursuant to the Lock and Seal notice dated 29.12.2020 issued by the First Respondent to the Petitioner in respect of the property situated at No.4, III Street, Sri Nageswari Amman Nagar, Pallikkaranai, Chennai - 600 100, Revision Petition has already been preferred by the Petitioner before the First Respondent, on 10.02.2021. The grievance of the Petitioner is that because of the Locking and Sealing of the above property, he could not live at his residence and staying in his close relative's place. In view of that, he seeks for early disposal of the above Revision Petition filed.
5. Considering the facts and circumstances of the case, there shall be a direction to the First Respondent to dispose of the Revision Petition dated 10.02.2021 filed under Section 80-A of the Tamil Nadu Town and Country Planning Act, 1971 in respect of the property at No.4, III Street, Sri Nageswari Amman Nagar, Pallikkaranai, Chennai - 600 100, after affording full opportunity of hearing to the Petitioner, on its own merits, within a period of four weeks from the date of receipt of a copy of this order.
6. With the above direction, this Writ Petition stands disposed of. Consequently, connected Miscellaneous Petition is closed. No costs.
Sd/- Assistant Registrar (CO) //True Copy// Sub Assistant Registrar Maya
To 1.The Secretary to Government, Housing and Urban Development Department, St. George Fort, Chennai - 600 009.
2.The Commissioner of Corporation, Greater Chennai Corporation, Chennai - 600 003.
3.The Executive Egineer / Zone 14, Greater Chennai Corporation, Zonal Office-14, No.6/64, Puzhuthivakkam Main Road, Puzhuthivakkam, Chennai - 600 091.
4.The Assistant Engineer / Zone-14, Greater Chennai Corporation, Zonal Office-14, No.6/64, Puzhuthivakkam Main Road, Puzhuthivakkam, Chennai - 600 091.
+1cc to Mr.D.Vijayan, Advocate, S.R.No.32863 +1cc to the Government Pleader, S.R.No.33513 W.P. No. 13877 of 2021 AK-II(CO) RVM(28/07/2021)