Abdul Khader v. State Rep. By Its

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 21.03.2023

CORAM

THE HONOURABLE MS. JUSTICE V.M.VELUMANI AND THE HONOURABLE MR. JUSTICE V.LAKSHMINARAYANAN and W.M.P.No.16619 of 2018 Abdul Khader Represented by his Power Agent A.Kursath Begum .. Petitioner Vs.

1. State represented by its the Principal Secretary Housing and Urban Development Department St.George Fort, Chennai-600 009.

2. The Director Town and Country Planning Office of the Town and Country Planning No.807, Anna salai Chennai-2.

3. The Commissioner Nagapattinam Municipality, Nagapattinam.

4. Ms.Fathima Joharan Beevi W/o. Syed Alihathi (R4 suo motu impleaded vide order of this Court dated 18.07.2018) .. Respondents 1/6

Prayer:Writ Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus to forbear the 3rd respondent from initiating any coercive action of locking & sealing of the petitioner's property measuring 1878 sq.ft. of land and building situated at T.S.No.1718, Ward No.1, Block No.16, Katheeb Lebbai street, Nagapattinam till the disposal of the petitioner's appeal filed under Section 80-A of the Tamil Nadu Town and Country Planning Act, dated 25.05.2018 pending before the 1st respondent.

For Petitioner : Mr.G. Mohammed Aseef For R1 & R2 : Mrs.R.L.Karthika Government Advocate For R3 : Mr.P.Srinivas For R4 : Mr.A.Muthukumar

O R D E R

(Order of the Court was delivered by V.M.VELUMANI,J.) The petitioner has come out with the present Writ Petition forbearing the 3rd respondent from initiating any coercive action of locking & sealing of the petitioner's property till the disposal of his appeal filed under Section 2/6

80-A of the Tamil Nadu Town and Country Planning Act, dated 25.05.2018 pending before the 1st respondent.

2. We heard the learned counsel appearing for the petitioner, the learned Government Advocate appearing for the respondents 1 & 2 and the learned counsel appearing for the respondents 3 & 4 and carefully perused the material records.

3. According to the Power Agent of the petitioner, the petitioner's mother is the owner of the property comprised in T.S.No.1718, Ward No.1, Block No.16, Katheeb Lebbai street, Nagapattinam and she has executed a settlement deed in favour of the petitioner. One Fathima Joharan Beevi, the 4th respondent who is the sister of the petitioner's mother filed suit for declaration of the partition deed as null and void and 3rd respondent is also a party to the suit and the same is pending. There was a old building existing in the property and after demolition, the petitioner approached the 3rd respondent for obtaining planning permission to put up new construction. The 3rd respondent rejected the request of the petitioner stating that the suit 3/6

in respect of the property is pending before the District Munsif Court, Nagapattinam. In the meanwhile, the petitioner has constructed the building and the 3rd respondent issued lock & seal notice dated 11.04.2018 without any inspection and due enquiry. Challenging the same, the petitioner has approached the 1st respondent by way of revision under Section 80-A of the Tamil Nadu Town and Country Planning Act, 1971, on 25.05.2018 and the same is pending. Pending revision, coercive steps are sought to be taken by the 1st respondent. Therefore, the petitioner has come out with the present Writ Petition for the above stated relief.

4.Considering the above submissions and the fact that petitioner has filed revision before the 1st respondent under Section 80-A of the Tamil Nadu Town and Country Planning Act and the same is pending from 25.05.2018, the 1st respondent is directed to dispose of the revision filed by the petitioner, after giving opportunity to the petitioner as well as the 4th respondent within three months from the date of receipt of a copy of this order. Till such time, the 3rd respondent is restrained from taking any coercive steps against the petitioner.

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5.With the above directions, the Writ Petition stands disposed of. No costs. Consequently, connected Miscellaneous Petition is closed. (V.M.V.,J.) (V.L.N.,J.) 21.03.2023 Index : Yes/No kj To

1. State represented by its the Principal Secretary Housing and Urban Development Department St.George Fort Chennai-600 009.

2. The Director Town and Country Planning Office of the Town and Country Planning No.807, Anna salai Chennai-2.

3. The Commissioner Nagapattinam Municipality Nagapattinam.

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V.M.VELUMANI, J.

AND V.LAKSHMINARAYANAN,J.

Kj and W.M.P.No.16619 of 2018 21.03.2023 6/6