M/S.Om Ganesh Jewellers Pvt. v. The Government Of Tamil Nadu,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 15.06.2016
CORAM
THE HONOURABLE MR.JUSTICE HULUVADI G. RAMESH and THE HONOURABLE MR.JUSTICE M.V.MURALIDARAN Writ Petition No.20087 of 2016 and WMP.Nos.17311 and 17312 of 2016 M/s.Om Ganesh Jewellers Pvt.Ltd., Rep by its Managing Director Mukesh G.Dhakan Old.No.77, New No.157,N.S.C.Bose Road George Town, Chennai-600 001
...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.The Chennai Metropolitan Development Authority Rep. By its Member Secretary Thalamuthu Natarajan Maaligai No.1, Gandhi Irwin Road, Egmore Chennai-600 008
...Respondents
Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus to call for the records of 1st respondent in letter No.8883/UD-VI(1)/ 2015-1 dated 23.09.2015 in rejecting petitioner's appeal filed under Section 80-A of the Town and Country Planning Act as against locking and sealing decision of officials of 2nd respondent for the building put up at Old No.77, New No.157, N.S.C.Bose Road, George Town, Chennai-600 001 by quashing the same and consequently direct the respondents to regularize the building put up in the aforementioned property. For Petitioner : Mr.R.Mohan For respondents : Mrs.A.Srijayanthi, Spl.G.P. For R1 Mr.C.Johnson for R2.
ORDER
(Order of the Court was made by HULUVADI G. RAMESH,J.) Mrs.A.Srijeyanthi, learned Special Government Pleader is directed to take notice for the 1st respondent. Mr.C.Johnson, learned Standing counsel is directed to take notice for the 2nd respondent.
2. Heard the learned counsel for the petitioner.
3. The appeal preferred by the petitioner under Section 80-A of the Town and Country Planning Act, 1971, (hereinafter called as "Act"), as against the Locking, Sealing and Demolition Notice No.ED/N-I/471/2015, dated 18.03.2015 passed by the 2nd respondent in respect of premises in New No.157, Old No.77, N.S.C.Bose Road, George Town, Chennai-1, has been rejected by the 1st respondent, pointing out that it is a premature one.
4. The case of the petitioner is that he has the right to seek appropriate remedy and is inclined to re-present the Special Revision Petition under Section 80-A of the Act, however, sought for a suitable direction in this regard.
5. Following the decision laid down by this Court in 2015
(2) CWC 752 [Lalith Kumar C.Soni Vs. The Government of Tamil Nadu and others], we direct the petitioner to go before the 1st respondent and re-present the Special Revision Petition and seek appropriate relief, within a period of one month from today. The first respondent shall dispose of the matter within two months thereafter after giving sufficient opportunity to the petitioner. Till then there shall be an order of status quo. It is open to the petitioner to raise all his contentions before the first respondent.
6. The Writ Petition is disposed of with the above direction. No costs. Consequently, connected WMPs are closed. Sd/- Assistant Registrar(CS-VI) //True Copy// Sub Assistant Registrar nvsri
To 1.The Secretary to Government Government of Tamil Nadu Housing and Urban Development Department Fort.St.George Chennai-600 009 2.The Member Secretary The Chennai Metropolitan Development Authority Thalamuthu Natarajan Maaligai No.1, Gandhi Irwin Road, Egmore Chennai-600 008 1 cc to Mr.R.Mohan, Advocate, sr.32524 1 cc to Mr.C.Johnson, Advocate, sr.32616 W.P.No20087 of 2016 ksj co kra 17.06.2016