Nethella Sampath Jewellery v. The Government Of Tamil Nadu,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 30/9/2015 C O R A M THE HON'BLE MR.JUSTICE SATISH K. AGNIHOTRI AND THE HON'BLE MR.JUSTICE K.K.SASIDHARAN W.P. No.27157 of 2015 a n d M.P.No.1 of 2015 Nathella Sampath Jewellery Private Limited rep. By its Director Mr.N.Prapanna Kumar No.225 Purasawakkam High Road Vepery Chennai 600 007.

...Petitioner

Vs

1. The Government of Tamil Nadu Secretary to the Department Housing and Urban Development Department Fort St. George Chennai 9.

2. The Corporation of Chennai rep by its Commissioner Rippon Building Chennai 600 003.

3. The Executive Engineer Enforcement - Region Central Corporation of Chennai Pulla Avenue Shenoy Nagar Chennai 600 030.

...Respondents

Writ Petition filed under Article 226 of the Constitution of India seeking for the issuance of a writ of certiorarified mandamus by calling for the records of the first respondent in Letter No.8964/UD-VI(1)/2015-1 dated 20/8/2015 in rejecting petitioner's appeal filed under Section 80-A of the Town and

Country Planning Act as against locking and sealing and demolition decision of officials of the Corporation of Chennai for the building put up at No.225/144 Purasawakkam High Road, Vepery, Chennai 600 007 by quashing the same and consequently direct the respondents to regularise the building put up in the aforementioned property.

For petitioner ...

Mr.R.Mohan For respondents ...

Mr.P.S.Sivashanmugasundaram Special Government Pleader for R.1.

Mr.V.C.Selvasekaran for R.R.2 and 3.

- - - - -

O R D E R

(Delivered by SATISH K. AGNIHOTRI, J.) Mr.P.S.Sivashnamugasundaram, learned Special Government Pleader, appears for the first respondent. Mr.V.C.Selvasekaran appears for the respondents 2 and 3. With the consent of the learned counsel for the parties, the writ petition is taken up for final disposal.

2.

This writ petition is filed seeking to quash the order of the first respondent dated 20 August, 2015 wherein the petitioner's Appeal Petition filed under Section 80-A of the Tamil Nadu Town and Country Planning Act, 1971 (for short " the Act"), has been rejected as premature and also for a direction to the respondents to regularise the building put up in the aforementioned property.

3.

The issue involved herein is as to whether the Special Revision under Section 80-A of the Act is maintainable against the decision taken under the provisions of Sections 56 (2-A) and 57 (4) of the Act, without insisting on the locking and sealing of the premises.

4.

This Division Bench, in the judgment delivered on 29 September, 2015, considered the aforestated issue, in extenso, in Lalithkumar C. Soni - Vs. - Government of Tamil Nadu and others1 and held as under:- W.A.Nos. 16392 of 2015 batch.

" (15). We therefore hold that a special revision petition under Section 80-A of the Act is maintainable before the Government against the decision taken by the appropriate Planning Authority in respect of locking and sealing the premises under sub Section (2-A) of Section 56 or under sub section (4) of Section 57, even before resorting to the act of locking and sealing. In short, sealing the premises is not a condition precedent for filing special revision petition under Section 80-A of the Tamil Nadu Town and Country Planning Act, 1971 as amended by Tamil Nadu Act 61 of 2008.

16. In the result, the impugned orders are set aside. The petitioners are given liberty to represent the special revision petitions under Section 80-A of the Act. In case of such re-presentation within a period of two weeks from today, every effort shall be taken by the Government to dispose of the matter within the statutory period.

17. In the upshot, we allow the Writ Petitions." 5.

In that view of the matter, this writ petition is allowed and the impugned order is set aside on the same terms. No costs. Consequently, connected miscellaneous petition is closed.

sd/ ASSISTANT REGISTRAR(CS-II) /TRUE COPY/ SUB-ASSISTANT REGISTRAR mvs.

To

1. The Secretary to the Department Government of Tamil Nadu Housing and Urban Development Department Fort St. George Chennai 9.

2 The Commissioner Corporation of Chennai, Ribbon Building. Chennai-3.

3. The Executive Engineer Enforcement Region Control Corporation of Chennai, Pulla Avenue, Shenoy Nagar, Chennai-30.

+1 CC to MR.R.Mohan ADVOCATE. SR.NO. 53016 W.P. No.27157 of 2015 CO-LRS JD 15/10/2015