J.Selvi v. The Secretary To Government
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated :: 13.8.2015
CORAM:
THE HONOURABLE MR.JUSTICE SATISH K. AGNIHOTRI AND THE HONOURABLE MR.JUSTICE K.K.SASIDHARAN W.P. No.25038 of 2015 J.Selvi ...
petitioner versus 1 The Secretary to Government Housing and Urban Development Department Fort St. George Chennai-9 2 The Executive Engineer (Enforcement Region Central) Corporation of Chennai Regional Office Central 2nd Cross Street (East) Pulla Avenue Shenoy Nagar Chennai-30 3 Smt.Beer Fathima No.101 Bharathiyar Street Devar Nagar Padi Chennai-50 ...
respondents Writ Petition filed under Art.226 of the Constitution of India praying for a Writ of Certiorari Mandamus to call for the records connected with the notice issued in No.Regioncentral/ TPENF/ 0093/ 2015 dated 10.7.2015 passed by the 2nd respondent and quash the same For petitioner : Mr.S.Ilamvaludhi For Respondents : Mr.I.S.Inbadurai, Spl.G.P.
O R D E R
(made by K.K.SASIDHARAN, J.) This Writ Petition is directed against the locking and sealing cum demolition notice issued by the Chennai Corporation whereby and whereunder the petitioner was directed to remove the unauthorized construction within a period of thirty days, failing which, it was
indicated that further action would be taken in accordance with the provisions of Tamil Nadu Town and Country Planning Act, 1972.
2. Heard the learned counsel for the petitioner, the learned Special Government Pleader appearing on behalf of the first respondent and the learned Standing Counsel for the Chennai Corporation.
3. The petitioner is stated to be in possession and enjoyment of the residential building bearing No.101, Bharathiyar Street, Devar Nagar, Padi, Chennai. It is the case of the petitioner that the property was given on lease to Tmt.Sabiya Beevi by the executive officer, Arulmighu Thiruvalleeswarar Temple. After the demise of the lessee, her daughter inducted the petitioner as a tenant. The petitioner constructed a residential house long ago.
4. While so, the second respondent inspected the premises in question and issued the impugned notice.
5. There is nothing on record to show that the petitioner obtained permission from the landlord to occupy the premises or building permission from the statutory authority. The order under challenge is appealable under Section 80A of the Tamil Nadu Town and Country Planning Act. There is no question of interfering with the enforcement action taken by the Corporation by entertaining the Writ Petition. The petitioner is given three weeks time from today to approach the statutory authority. There shall be a direction to maintain the status quo as on date for a period of two weeks so as to enable the petitioner to approach the statutory authority for appropriate relief.
6. The Writ Petition is disposed of with the above direction. No costs. Consequently, M.P.Nos.1 and 2 of 2015 are closed. Sd/- Asst.Registrar (CS III ) /true copy/ Sub Asst. Registrar To 1 The Secretary to Government Housing and Urban Development Department Fort St. George Chennai-9
2 The Executive Engineer (Enforcement Region Central) Corporation of Chennai Regional Office Central 2nd Cross Street (East) Pulla Avenue Shenoy Nagar Chennai-30 +1cc to M/s.R.Arunmozhi, Advocate sr.42648 +1cc to Mr.S.Ilamvaludhi, Advocate sr.42700 W.P. No.25038 of 2015 tej[co] srg 21.08.2015