S.Lawrence Jayaseelan v. Government Of Tamil Nadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 01.10.2020
CORAM
THE HON'BLE MR.JUSTICE M.M.SUNDRESH and THE HON'BLE MRS.JUSTICE R.HEMALATHA W.P.No. 13670 of 2020 and W.M.P.No.16994 of 2020 S.Lawrence Jayaseelan
...Petitioner
Vs 1.Government of Tamil Nadu, Rep. by its Secretary to Government, Housing and Urban Development Department, Secretariat, Chennai - 09.
2.Greater Chennai Corporation, Rep. by its Commissioner, Rippon Buildings, Chennai - 03.
3.The Executive Engineer, Greater Chennai Corporation, Zone - 4, Division - 33, Unit - 09, 266, Thiruvottiyur High Road, Korukkupet, Old Washermanpet, Chennai - 21.
...Respondents
Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of mandamus forbearing respondents 2 and 3 from in anyway interfering with the petitioner's building at No.15, Sastri Nagar Main Street, Tondiarpet, Chennai - 81 to an extent of 600 sq.ft and thereabouts ground floor of the same, particularly by way of locking and sealing and or demolition of the same, pending disposal of the petitioner's statutory Special Revision Petition and Stay Petition under Section 80(A) & 80 (A)(3) of the Town and Country Planning Act, 1971 with the first respondent dated 21.09.2020.
For Petitioner :
Mr.D.S.Rajasekar for Mr.P.Srinivasan For Respondents :
Mr.G.Rajesh, Govt.Advocate for R1 Mr.Raja Srinivas for R2 and R3
ORDER
(Order of the Court was made by M.M.SUNDRESH, J.) Seeking to issue a writ of mandamus forbearing respondents 2 and 4 from in anyway interfering with the petitioner's premises atNo.15, Sastri Nagar Main Street, Tondiarpet, Chennai - 81 to an extent of 600 sq.ft particularly by way of locking and sealing and demolition of the same, pending final determination of his Special Revision Petition dated 21.09.2020 by the first respondent under Section 80(A) and 80(A)(3) of the Town and Country Planning Act, 1971, the present writ petition has been filed.
2.Mr.G.Rajesh, learned Government Advocate takes notice for the first respondent. Mr.K.Raja Srinivas, learned counsel takes notice for respondents 2 and 3.
3.Pending the appeal filed against the lock and seal notice dated 11.07.2020, the writ petitioner seeks an interim protection. Inasmuch as the pendency of the appeal before the first respondent, which was received on 22.09.2020 is not in dispute, we direct the said authority to dispose of the same, after due notice to all the necessary parties, within a period of twelve weeks from the date of receipt of a copy of this order. Till such time, status quo as on today shall be maintained.
4.The writ petition stands disposed of accordingly. No costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar mmi/ssm
To 1.The Secretary to Government, Government of Tamil Nadu, Housing and Urban Development Department, Secretariat, Chennai - 09.
2.The Commissioner, Greater Chennai Corporation, Rippon Buildings, Chennai - 03.
3.The Executive Engineer, Greater Chennai Corporation, Zone - 4, Division - 33, Unit - 09, 266, Thiruvottiyur High Road, Korukkupet, Old Washermanpet, Chennai - 21.
+1cc to Mr.Raja Srinivas, Advocate, SR.No.32532 +2cc to Mr.P.Srinivasan, Advocate, SR.No.32296, 32215 W.P.No. 13670 of 2020 SSI(CO) RN(21/10/2020)