A.Marimuthu 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.30287 of 2015 a n d M.P.No.1 of 2015 A. Marimuthu ...

Petitioner Vs

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

2. The Member Secretary Chennai Metropolitan Development Authority Thalamuthu Natarajan Maligai No.3 Gandhi Irvin Road Egmore.

3. The Commissioner Corporation of Chennai Rippon Building Chennai - 600 003.

4. The Executive Engineer Enforcement - Region Central

5. The Assistant Executive Engineer Unit 26

6. The Junior Engineer Division 117 ...

Respondents Writ Petition filed under Article 226 of the Constitution of India seeking for the issuance of a writ of mandamus to direct the first respondent herein to dispose of Appeal dated 19/9/2015 and further direct the respondents 2 to 6 not to interfere, pending disposal of the said appeal.

For petitioner ..

Mr.V.Raghavachari For respondents.. Mr.P.S.Sivashanmugasundaram Special Government Pleader for R.1.

Mr.N.Sampath for R.2 Mr.R.Arunmozhi for R.R.3 to 6

O R D E R

(Delivered by SATISH K. AGNIHOTRI, J.) Mr.P.S.Sivashanmugasundaram, learned Special Government Pleader, appears on behalf of the first respondent. Mr.N.Sampath appears for the second respondent and Mr.R.Arunmozhi for the respondents 3 to 6. 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 praying to direct the first respondent to dispose of the Appeal dated 19 September, 2015 filed by the petitioner.

3. The learned counsel appearing for the petitioner submits that the fourth respondent had issued a Lock and Seal notice dated 26 August, 2015. Ergo, the petitioners had filed an Appeal Petition under Section 80-A of the Tamil Nadu Town and Country Planning Act, 1971, on 19

September, 2015 and the same is pending consideration. Hence, the instant writ petition.

4. Without going into the merits of the case, we direct the first respondent to consider the petitioner's application for interim relief as early as possible, if it is filed, preferably within a period of two weeks and also to consider the Appeal Petition 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 29 September, 2015, passed by this Court in Lalithkumar C.Soni - vs. Government of Tamil Nadu and others.

5. With the aforestated direction, the writ petition stands disposed of. No costs. Connected Miscellaneous Petition is closed. Mvs.

Sd/- Assistant Registrar (Judicial) /True Copy/ Sub-Assistant Registrar To

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

2. The Member Secretary, Chennai Metropolitan Development Authority, NO.3, Gandhi Erwin Road, Egmore, Chennai

3. The Commissioner, Corporation of Chennai, Ripon Building, Chennai - 600 003

4. The Executive Engineer (Engorcement-Region Central) 2nd Cross Street (East) Pulla Avenue, Shenoy Nagar, Chennai - 600 030

5. The Assistant Executive Engineer Unit 26

6. The Junior Engineer Division 117 +1 C.C. To MR.V.Raghavachari, Advocate in SR.NO.53281 W.P. No.30287 of 2015 SK(CO) sd : 14/10/2015