M. Murugesan v. The Secretary To Government

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.27321 of 2015 a n d M.P.No.1 of 2015 M. Murugesan ... Petitioner Vs

1. The Secretary to Government Government of Tamil Nadu Housing and Urban Development Department Secretariat Fort St. George Chennai 600 009.

2. The Chennai Metropolitan Development Authority rep by its Member Secretary Thalamuthu Natarajan Building Gandhi Irwin Road Egmore Chennai 600 008.

3. The Commissioner Punitha Thomayarmalai Panchayat Union Chitlapakkam Chennai 600 064.

4. The President Medavakkam Panchayat (1st Grade) Medavakkam Chennai 600 100.

... 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.7969/UD-VI(2)/2014-3 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 decision of the Chennai Metropolitan Development Authority for the building put up at Plot No.32 part, 44 & 45 in S.No.415/1 Medavakkam Village, situated in Door No.4/799 Velachery main Road, Medavakkam, Chennai 600 100 and quash the same and consequently direct the respondents to regularise the building put up in the aforementioned property.

For petitioner :

Mr.Sankar Ramasamy For respondents :

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

Mr.C.Johnson for R.2.

Mr.R.Ravichandran for R.R.3 and 4.

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 second respondent. Mr.C.Johnson appears for the respondents 3 and 4. 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(CO) //True Copy// Sub Assistant Registrar mvs.

To

1. The Secretary to Government Government of Tamil Nadu Housing and Urban Development Department Secretariat Fort St. George Chennai 600 009.

2. The Member Secretary The Chennai Metropolitan Development Authority Thalamuthu Natarajan Building Gandhi Irwin Road Egmore Chennai 600 008.

3. The Commissioner Punitha Thomayarmalai Panchayat Union Chitlapakkam Chennai 600 064.

4. The President Medavakkam Panchayat (1st Grade) Medavakkam Chennai 600 100.

+1cc to Mr.C.Johnson, Advocate, S.R.No.53227 +1cc to Mr.G.Arul Murugan, Advocate, S.R.No.53151 W.P. No.27321 of 2015 LRS(CO) CA(08/10/2015)