C.Annadurai v. The Government Of Tamilnadu

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.30957 of 2015 and M.P.No.1 of 2015 C. Annadurai R. Kalamani Petitioners Vs.

Government of Tamil Nadu represented by its Secretary Housing and Urban Development, Fort St. George Chennai 600 009.

The Regional Deputy Commissioner (Central) Corporation of Chennai II Cross Street Pullah Avenue Shenoy Nagar Chennai 600 030 Respondents Writ Petition filed under Article 226 of the Constitution seeking a writ of certiorarified mandamus by calling for the records of the first respondent in letter no.14183/UD-VI(2)/2014-3 dated 31.08.2015 in rejecting the petitioner's appeal filed under Section 80-A of the Town and Country Planning Act as against locking and sealing decision of the second respondent for the building put up at No.9/2 and 9/4, Navarathna Apartments, Dr. J.J. Nagar, Mogappair East, Chennai 600 037 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 R1 Mrs. A. Srijayanthi, Spl. Govt. Pleader For R2 Mr. R. Arunmozhi, Standing Counsel

ORDER

(delivered by SATISH K. AGNIHOTRI,J.,) Mrs. A. Srijayanthi, learned Special Government Pleader, accepts notice for the first respondent. Mr. R. Arunmozhi, learned Standing Counsel, accepts notice for the second respondent. 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 to quash the order dated 31.08.2015 passed by the first respondent, whereby and whereunder, the petitioners' 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 29th September, 2015 in Lalithkumar C. Soni - Vs. - Government of Tamil Nadu and others1, considered the aforestated issue, in extenso 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 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." W.A.Nos. 16392 of 2015 batch.

5.

In such view of the matter, the impugned order is set aside and the writ petition is allowed on the same terms. No costs. Consequently, connected miscellaneous petition is closed. cad -s/d- Assistant Registrar(CS-II) True Copy Sub-Assistant Registrar To The Secretary Housing and Urban Development, Government of Tamil Nadu Fort St. George Chennai 600 009.

The Regional Deputy Commissioner (Central) Corporation of Chennai II Cross Street Pullah Avenue Shenoy Nagar Chennai 600 030 + 1 cc to Mr.R.Mohan, Advocate SR 53022 + 1 cc to Mr.R.Arunmozhi, Advocate SR 53134 + 1 cc to Govt.Pleader SR 53335 kji(co) prk13/10 W.P. No.30957 of 2015