Suresh Chand Chordia v. State Of Tamilnadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 13.10.2017 CORAM :
THE HONOURABLE MR.JUSTICE M.SATHYANARAYANAN AND THE HONOURABLE MR.JUSTICE N.SESHASAYEE W.P.No.26876 of 2017 & WMP.No.28644 of 2017 Suresh Chand Chordia ... Petitioner Vs 1.
The Secretary, State of Tamil Nadu Housing and Urban Development Department, Fort St George Chennai 600 009.
The Chairman Chennai Metropolitan Development Authority, [CMDA] Thalamuthu Natarajan Building, Egmore, Chennai-600 008.
The Commissioner Corporation of Chennai, Rippon Buildings, Chennai 600 003.
The Assistant Engineer Chennai Corporation, Ward No.33, Zone No.3 Bazaar Street, Madhavaram Chennai 600 060.
... Respondents Prayer: Writ petition is filed under Article 226 of the Constitution of India for issuance a Writ of mandamus directing the 4th respondent to remove the seal on the petitioner's premises at second floor in Door No.46/C, Madhavaram High Road, Chennai 600 060.
For Petitioner : Mr.J.R.K.Bhavanantham For R1 : Mr.M.Digvijay Pandian, Additional Government Pleader For R2 : Mr.A.Kumar For RR3&4 : Mr.A.Nagarajan
ORDER
[Order of the Court was made by M.SATHYANARAYANAN, J.] By consent, the writ petition itself is taken up for final disposal. Mr.M.Digvijay Pandian, learned Additional Government Pleader accepts notice on behalf of the 1st respondent ; Mr.A.Kumar, learned Standing Counsel accepts notice on behalf of the 2nd respondent and Mr.A.Nagarajaran, learned Standing Counsel accepts notice on behalf of the respondents 3 and 4. The petitioner claims to be the owner of the second floor of the premises bearing Door No.46-C, Madhavaram High Road, Moolakadai, Chennai-600 060 and having purchased the said property through a registered Sale Deed bearing Document No.1146/1979 and another piece of vacant land on the Northern side of the rear side of the above land bearing Door No.55, admeasuring to an extent of 855 sq.ft.
, purchased under a registered Sale Deed bearing Doc.No.1251/1994 dated 11.03.1994. The petitioner, on an earlier occasion, filed WP.No.15658/2017 against CMDA, the Commissioner, Chennai Corporation as well as against Sridevi, Ushanandhini and Jayasri, for taking appropriate action with regard to the alleged offending construction put up by them and this Court, vide order dated 23.06.2017, had directed the CMDA officials as well as the officials of the Corporation of Chennai, to cause a joint inspection of the entire premises and thereafter, take appropriate action in accordance law and therefore, the Locking, Sealing and Demolition Notice dated 25.07.2017 was issued and the premises of the petitioner was sealed and it is also followed by the De-Occupation Notice dated 13.09.
2017 and challenging the legality of the locking, sealing and demolition notice dated 25.07.2017, a special revision has been filed before the 1st respondent.
The learned counsel for the petitioner would submit that the petitioner is carrying on business in a small extent of the property and would further submit that till the disposal of the revision petition, the lock and seal put up on the premises of the petitioner may be removed and that it will be subject to the result of the special revision petition.
Heard the submissions of the learned Special Government Pleader appearing for the 1st respondent and the respective learned Standing counsel appearing for the respondents 2 to 4, who would submit that since unauthorized constructions have been noted, action is being taken strictly in accordance with law. 5.
The Court has considered the rival submissions and also perused the materials placed before it.
6.
The grievance expressed by the petitioner is that
though the revision petition has been filed as against the Locking, Sealing and Demolition Notice, the shop run by the petitioner has been sealed.
7.
This Court, taking into consideration of the fact that a Special revision petition has been filed by the petitioner under section 80-A of the Tamil Nadu Town and Country Planning Act, 1971, before the 1st respondent and also considering the fact of ensuing festivals, is of the view that the lock and seal put up on the shop, is to be removed.
8.
Accordingly, the 4th respondent is directed to remove the lock and seal put up on the petitioner's shop bearing Door No.46-C and 55, Madhavaram High Road, Moolakadai, Chennai600060 and also permits the petitioner to file a petition for stay under section 80-A[iii] of the said Act and the 1st respondent, if the papers are otherwise in order, shall entertain the revision petition along with the petition for stay and shall take up the petition for stay and give a disposal in accordance with law within a period of four weeks from the date of entertainment of the revision petition as well as the petition for stay and the said official is also at option to take the main revision itself and give a disposal in accordance with law within a further period of ten weeks thereafter and communicate the decision taken, to the petitioner. It is made clear that till the entertainment and disposal of the revision petition by the 1st respondent, the petitioner shall not alter physical features of the property in question and shall also not create any third party rights in respect of the same.
7. The writ petition is disposed of with the above direction. No costs. Consequently, the connected miscellaneous petition is closed.
Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar AP To 1.
The Secretary, State of Tamil Nadu Housing and Urban Development Department, Fort St George, Chennai 600 009.
The Chairman Chennai Metropolitan Development Authority, [CMDA] Thalamuthu Natarajan Building, Egmore, Chennai-600 008.
The Commissioner Corporation of Chennai, Rippon Buildings, Chennai 600 003.
The Assistant Engineer Chennai Corporation,Ward No.33, Zone No.3 Bazaar Street, Madhavaram, Chennai 600 060.
+1cc to Mr.J.R.K.Bhavanantham, Advocate, S.R.No.73672 W.P.No.26876 of 2017 MR(CO) CA(23/10/2017)