Tmt. Pooja Rani, v. The Secretary
THE HIGH COURT OF JUDICATURE AT MADRAS DATED 22.09.2017
CORAM
THE HONOURABLE MR. JUSTICE M.SATHYANARAYANAN AND THE HONOURABLE MR. JUSTICE N.SESHASAYEE WP.Nos.25649 to 25651/2017 & WMP.Nos.27039 to 27044/2017 Tmt.Pooja Rani ..Petitioner in WP.No.25649/2017 Tmt.Rakha Jain ..Petitioner in WP.No.25651/2017 Tmt.Mamta Mehta ..Petitioner in WP.No.25650/2017
Versus
The Secretary Government of Tamil Nadu Housing & Urban Development Department, Fort St George Chennai.
The Member Secretary Chennai Metropolitan Development Authority, No.1, Gandhi Irwin Road Egmore, Chennai-8.
The Commissioner Corporation of Chennai Rippon Building, Park Town Chennai-3.
The Executive Engineer, Corporation of Chennai, Zone V, No.3, Vadivel 2nd Cross St., Perambur, Chennai 600011.
..Respondents in all WPs Common Prayer:- Writ petition filed under Article 226 of the Constitution of India praying for issuance of a writ of certiorarified mandamus calling for the records of the 4th respondent in Notice No.DN.58/050-1/2017 dated 11.09.2017, quash the same and consequentially direct the respondents 2 to 4 to abstain from initiating any coercive steps in de-occupation, sealing and locking of the premises at Flat No.101, No.16, Vadhiyar Kandha Pillai Street, Choolai, Chennai 600 112, till the disposal of the statutory appeal dated 14.10.2017 is pending on the file of the 1st respondent.
For Petitioners in all WPs : Mr.M.L.Ramesh For R1 in all WPs : Mr.A.N.Thambidurai, Spl.GP For R2 in all WPs : Mr.N.Sampath For RR 3&4 in all WPs : Mr.A.Nagarajan COMMON ORDER [Order of the Court was made by M.SATHYANARAYANAN, J.,] By consent, the writ petition is taken up for final disposal. Since the issue involved and to be adjudicated in all the writ petitions is one and the same, the writ petitions are taken up together for hearing and are disposed of by the following common order.
Mr.A.N.Thambidurai, learned Special Government Pleader accepts notice on behalf of the 1st respondent ; Mr.N.Sampath, learned Standing counsel accepts notice on behalf of the 2nd respondent and Mr.A.Nagarajan, learned Standing counsel accepts notice on behalf of the respondents 3 and 4.
WP.No.25649/2017:- Vepery Village, admeasuring to an extent of 2625 sqft., was No.2185/2011 registered on the file of the Sub Registrar,
developer had put up two additional floors and also in respect of the portion where permission has been given, some deviation also took place and the Corporation of Chennai, took action for demolition of the same and therefore, one of the owners, namely, Kanchan Devi, had filed SLP.No.37800/2013 before the Hon'ble Supreme Court of India and taking note of the submissions made WP.No.25650/2017:- Vepery Village, admeasuring to an extent of 2625 sq.ft., was No.588/2011 registered on the file of the Sub Registrar, developer had put up two additional floors and also in respect of the portion where permission has been given, some deviation also took place and the Corporation of Chennai, took action for
demolition of the same and therefore, one of the owners, namely, Kanchan Devi, had filed SLP.No.37800/2013 before the Hon'ble Supreme Court of India and taking note of the submissions made WP.No.25651/2017:- Vepery Village, admeasuring to an extent of 2625 sqft., was No.1627/2011 registered on the file of the Sub Registrar, developer had put up two additional floors and also in respect of the portion where permission has been given, some deviation also took place and the Corporation of Chennai, took action for demolition of the same and therefore, one of the owners, namely, Kanchan Devi, had filed SLP.No.37800/2013 before the Hon'ble Supreme Court of India and taking note of the submissions made
The Court heard the submissions of Mr.M.L.Ramesh, learned counsel appearing for the petitioners ;
Mr.A.N.Thambidurai, learned Special Government Pleader appearing for the 1st respondent ; Mr.N.Sampath, learned Standing Counsel appearing for the 2nd respondent and Mr.A.Nagarajan, learned Standing counsel appearing for the respondents 3 and 4 and perused the materials placed before it.
Though the petitioners have prayed for a larger relief, this Court, in the light of the above facts and circumstances and without going into the merits of the claim projected by the petitioners, permits the petitioners to file petitions for stay under section 80-A[iii] of the Tamil Nadu Town and Country Planning Act, 1971, before the 1st respondent within a period of two weeks from the date of receipt of a copy of this order and the 1st respondent, upon receipt of the said stay petitions, is at option, either to dispose of the petitions for stay within a period of two weeks thereafter or the main appeal petitions dated 14.10.2017 itself on merits and in accordance with law and pass appropriate orders within a period of ten weeks thereafter and till such time, the respondents 3 and 4 shall defer further decision in terms of the impugned reminder notice dated 11.09.2017. It is made clear that petitioners till such time, shall not alter the physical features and shall not create third party rights in respect of buildings.
The writ petitions stand disposed of with the above direction. No costs. Consequently, the connected miscellaneous petitions are closed.
Sd/- Assistant Registrar(CS-IV) //True Copy// Sub Assistant Registrar AP To The Secretary Government of Tamil Nadu Housing & Urban Development Department, Fort St George Chennai.
The Member Secretary Chennai Metropolitan Development Authority, No.1, Gandhi Irwin Road Egmore, Chennai-8.
The Commissioner Corporation of Chennai Rippon Building, Park Town Chennai-3.
The Executive Engineer, Corporation of Chennai, Zone V, No.3, Vadivel 2nd Cross St., Perambur, Chennai 600011.
+ 3 ccs to Mr. M.L. Ramesh, Advocate SR.70055, 70054, and 70053 + 3 ccs to Mr. N. Sampath, Advocate Sr.69723 + 1 cc to Mr. A. Nagarajan, Advocate Sr.70428 + 1 cc to Government Pleader SR.70669 APWP.Nos.25649 to 25651/2017 CS-IV EU(05/10/2017)