Mohammed Ali 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.29747 of 2015 and M.P.No.1 of 2015 Mohammed Ali

...Petitioner

Vs

1. Government of Tamil Nadu rep. By its Secretary to Government Housing and Urban Development,Department, Fort St. George Chennai 600 009.

2. Corporation of Chennai rep. By its Commissioner Rippon Buildings Chennai 600 009.

3. The Executive Engineer (Enforcement) O/o The Town Planning Regional Deputy Commisisoner (North) Basin Bridge Chennai 600 009.

...Respondents

Writ petition filed under Article 226 of the Constitution seeking for the issuance of a writ of certiorarified mandamus to call for the records of the first respondent in Letter No.7660/UD-VI(1)/20151, dated 8/9/2015 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.270 Purasawakkam High Road, Chennai 600 007, by quashing the same and consequently direct the respondents to regularise the building put up in the aforementioned property.

For Petitioners :

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, accepts notice for the first respondent. Mr.V.C.Selvasekaran, learned counsel, accepts notice 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 8 September, 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:- " (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 W.A.Nos. 16392 of 2015 batch.

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 Government Government of Tamil Nadu Housing and Urban Development Department Fort St. George Chennai 600 009.

2. The Commissioner, Corporation of Chennai Rippon Buildings, Chennai -9

3. The Excutive Engineer(Enforcement) O/o. The Town Planning Regional Deputy Commissioner(North), Basin Bridge,Chennai -9.

+1 cc to Mr.Mohan,Advocate(sr.53019) +1 cc to Government Pleader,(sr.53328) W.P. No.29747 of 2015 CA(co) cp 12/10/2015