J.Rajasingh v. The Secretary To Government
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 28.08.2015
CORAM:
THE HON'BLE MR.JUSTICE SATISH K. AGNIHOTRI AND THE HON'BLE MR.JUSTICE K.K.SASIDHARAN W.P. No.26850 of 2015 and M.P. No.1 of 2015 J. Rajasingh ... Petitioner vs.
1.
The Secretary to the Government Housing and Urban Development Department Fort St. George Chennai 600 009 The Commissioner Ripon Building Chennai 600 003 The Executive Engineer TP Enforcement Region Central II Cross Street Pulla Avenue Shenoy Nagar Chennai 600 030 The Assistant Executive Engineer Unit- 30 Corporation of Chennai No.2/12, West Jones Road Saidapet, Chennai 600 015 5.
The Assistant Engineer Division No.142 No.2/12 West Jones Road Saidapet, Chennai 600 015 ... Respondents
Writ Petition filed under Article 226 of the Constitution of India seeking a writ of certiorari, calling for the records of (i) locking and sealing and demolition notice No.Region/Central/TPENF/0477/2015 dated 11.05.2015 and (ii) deoccupation notice No.Region Central/TPENF/0477/2015 dated 16.06.2015 issued by respondents 3 to 5 and quash the same, pending disposal of the revision dated 21.08.2015 filed by the petitioner before the first respondent.
For petitioner : Mr. D. Kumar For R1 : Mrs. A. Srijayanthi Special Government Pleader For RR 2-5 : Mr. V.C. Selvasekaran
ORDER
(made by SATISH K. AGNIHOTRI, J.) Mrs. A. Srijayanthi, learned Special Government Pleader, accepts notice for the first respondent. Mr. V.C. Selvasekaran, learned Standing Counsel, accepts notice for respondents 2 to 5. With the consent of the learned counsel for the parties, the writ petition is taken up for final disposal, at the admission stage itself. This writ petition is filed assailing the locking, sealing and demolition notice dated 11.05.2015 and de-occupation notice 16.06.2015 issued by Chennai Corporation, pending disposal of the revision dated 21.08.2015 filed by the petitioner before the first respondent.
From a perusal of the records, it transpires that the Chennai Corporation has issued locking, sealing and demolition notice and de-occupation notice dated 11.05.2015 and 16.06.2015 respectively against the petitioner under Sections 56 and 57 read with Section 85 of the Tamil Nadu Town and Country Planning Act, 1971 (for short "the Act"). Thereagainst, the petitioner has filed a revision under Section 80-A of the Act before the first respondent-Government on 21.08.2015, which is pending consideration. It is further seen that along with the said revision, the petitioner has also preferred an application for interim stay, in view of the provisions of Section 80-A(3) of the Act.
Inasmuch as the petitioner has preferred a revision against the notices under challenge in this writ petition, we are not inclined to interfere with the same, at this stage. Therefore, without going into the merits of the case, we are of the considered view that if a revision is filed along with the application for interim relief, the officers are well advised to consider the application for interim relief at the earliest, preferably, within a period of two weeks, to avoid further complications.
5. Accordingly, we direct the first respondent to consider the petitioner's application for interim relief as early as possible, preferably, within a period of two weeks and also to consider the petitioner's revision within the statutory period prescribed under the provisions of law, on its own merits and in accordance with law. It is made clear that for a period of two weeks from today, i.e., 28th August, 2015, status quo as obtained today, in respect of the property in question, shall be maintained by both the parties. The revisional authority is at liberty to consider the issue of limitation also, while examining the petitioner's revision. 6.
The writ petition stands disposed of, with the above direction and observation. No costs. Connected Miscellaneous Petition is closed.
Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar cad To 1.
The Secretary to the Government Housing and Urban Development Department Fort St. George, Chennai 600 009 The Commissioner Ripon Building Chennai 600 003
The Executive Engineer TP Enforcement Region Central II Cross Street Pulla Avenue Shenoy Nagar Chennai 600 030 The Assistant Executive Engineer Unit- 30 Corporation of Chennai No.2/12, West Jones Road Saidapet, Chennai 600 015 5.
The Assistant Engineer Division No.142 No.2/12 West Jones Road Saidapet, Chennai 600 015 +1cc to M/s.D.Kumar, Advocate, S.R.No.46075 +1cc to the Government Pleader, S.R.No.46229 W.P. No.26850 of 2015 CA(CO) CA(10/09/2015)