M/S. Olympic Cards Ltd v. The Government Of Tamil Nadu,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 30.09.2015
CORAM:
THE HON'BLE MR.JUSTICE SATISH K. AGNIHOTRI and THE HON'BLE MR.JUSTICE K.K. SASIDHARAN W.P.No.29330 of 2015 and M.P.No.1 of 2015 Olympic Cards Ltd represented by Managing Director Mr. H. Noormohammed No.195, N.S.C. Bose Road Chennai 600 001 Petitioner Vs.
1 The Government of Tamil Nadu represented by its Secretary Housing and Urban Development Department Secretariat Fort St. George Chennai 600 009 2 The Regional Deputy Commissioner Chennai Corporation (North Zone) No.62 Basin Bridge Road Chennai 600 021 3 The Executive Engineer Zone V, Corporation of Chennai No.62, Basin Bridge Road Chennai 600 021 4 The Assistant Executive Engineer Division - 57, Unit 13, Zone V Corporation of Chennai Chennai Respondents Writ Petition filed under Article 226 of the Constitution of India for issuance of a writ of mandamus forbearing the respondents 2 to 4 from in any way interfering with the building at Door New No.18, Old No.54, Chinna Thambi Street, Peddunaickenpet, George Town, Chennai 600 001, particularly, by way of locking, sealing and demolition, pending final determination of the appeal dated 02.09.2015 pending with the first respondent under Section 80-A of the Tamil Nadu Town and Country Planning Act, 1971.
For petitioner Mrs. S. Meenakumari For R1 Mr. P.S. Sivashanmugasundaram Spl. Government Pleader For RR 2 to 4 Mr.V.C.Selvasekaran, Standing Counsel
O R D E R
(delivered by SATISH K. AGNIHOTRI, J.) Mr. P.S. Sivashanmugasundaram, learned Special Government Pleader, accepts notice for the first respondent. Mr.V.C.Selvasekaran, learned Standing Counsel, accepts notice for respondents 2 to 4. With the consent of the learned counsel for the parties, the writ petition is taken up for final disposal, at the admission stage itself.
2. This writ petition is filed seeking a writ of mandamus forbearing the respondents 2 to 4 from in any way interfering with the building at Door New No.18, Old No.54, Chinna Thambi Street, Peddunaickenpet, George Town, Chennai 600 001, particularly, by way of locking, sealing and demolition, pending final determination of the petitioner's appeal dated 28 August 2015 filed under Section 80-A of the Tamil Nadu Town and Country Planning Act, 1971 (for short "the Act") before the first respondent.
3. From a perusal of the records, it is seen that Corporation of Chennai has issued a locking, sealing and demolition notice on 03 July 2015 under Section 57 read with Section 85 of the Act against the petitioner. Thereagainst, the petitioner has preferred an appeal before the first respondent under Section 80-A of the Act on 28 August 2015, which is pending consideration. It is further seen that along with the said appeal, the petitioner has also filed an application for interim stay in terms of the provisions of Section 80-A(3) of the Act.
4. Without going into the merits of the case, we are of the considered view that if an appeal 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 appeal, within the statutory period prescribed under the provisions of law, on its own merits and in accordance with law, in the light of the order dated 29th September 2015 passed by this Division Bench in Lalithkumar C. Soni Vs. Government of Tamil Nadu and others1. It is made clear that for a period of two weeks from today, i.e., 30 September, 2015, status quo as obtained today, in respect of the property in question, shall be maintained by both the parties and the petitioner is restrained from making any further construction in the property in question.
6. With the above directions, the writ petition is disposed of. No costs. Connected miscellaneous petition is closed. Cad Sd/- Assistant Registrar (CS-II) /True Copy/ Sub-Assistant Registrar 1 The Secretary Government of Tamil Nadu Housing and Urban Development Department Secretariat Fort St. George Chennai 600 009 2 The Regional Deputy Commissioner Chennai Corporation (North Zone) No.62 Basin Bridge Road Chennai 600 021 3 The Executive Engineer Zone V, Corporation of Chennai No.62, Basin Bridge Road Chennai 600 021 4 The Assistant Executive Engineer Division - 57, Unit 13, Zone V Corporation of Chennai Chennai +1 C.C. To MR.D.BALACHANDRAN, Advocate in SR.NO.53089o W.P. No.29330 of 2015 KSJ(CO) sd : 09/10/2015