A.Fareedha v. The Commissioner
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 25.05.2023
CORAM
THE HONOURABLE MR.JUSTICE B.PUGALENDHI and THE HONOURABLE MR.JUSTICE V.LAKSHMINARAYANAN & W.M.P.No.15175 of 2023 Mrs.A.Fareedha ..
Petitioner Vs.
1.
The Commissioner Corporation of Coimbatore Ripon Buildings Chennai - 600 003 2.
The Executive Engineer Greater Chennai Corporation Zonal Office VIII 2nd Cross Street (East Pulla Avenue) Shenoy Nagar Chennai - 600 030 3.
The Assistant Executive Engineer Greater Chennai Corporation Division - 104 H Block, 13th Street Anna Nagar, Chennai - 600 040 Page Nos.1/6
4.
The Secretary to Government Ministry of Housing, Urban Development Department, Secretariat Chennai - 600 001.
(R-4 Impleaded vide order dated today in WMP.No.15659 of 2023 in WP) 5.
V.Ramanathan Door No.65, AM Block 14th Main Road, Anna Nagar Chennai - 600 040 6.
V.Ravi Door No.65, AM Block 14th Main Road, Anna Nagar Chennai - 600 040 7.
A.B.Siddique Door No.63A, AM Block 14th Main Road, Anna Nagar Chennai - 600 040 8.
R.R.Sridhar Door No.55/16, AM Block 14th Main Road, Anna Nagar Chennai - 600 040 ..
Respondents (Respondent 5 to 8 are suo motu impleaded vide this order) Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus forbearing the respondents from initiating any action in pursuance of the De occupation notice issued by the 2nd and 3rd respondents under Section 56(2)(A) and 57 read with Section 85 of the Tamil Nadu Town and Country Planning Act, 1971 in Page Nos.2/6
notice No.Zone-08, TPENF/C.No.213/2022 dated 11.05.2023 for the property situated at Plot No.2976-E, AM Block, bearing Old Door No.16, 14th Main Road, Anna Nagar, comprised in T.S.No.1, Block no.8 of Naduvangarai Village, Chennai - 600 040 pending disposal of the statutory appeal made under the special provision under Section 80A of the Tamilnadu Town and Country Plannig Act, 1971. For Petitioner :
Mr.S.Thiruvengadam For Respondents :
Mr.E.C.Ramesh Standing Counsel (Corporation) :
Mr.Devarajan for suo motu impleaded party
O R D E R
[Order of the Court was made by V.LAKSHMINARAYANAN.,J.] This writ petition has been filed to forbear the respondents from initiating action in pursuant to the notice issued under Sections 56(2)(A) and 57 read with Section 85 of the Tamil Nadu Town and Country Planning Act, 1971, pending disposal of the appeal.
2. Mr.Devarajan, learned counsel, would submit that respondents 5 to 8 are the original complainants and they are also entitled to be heard in the writ petition and therefore, they are suo motu impleaded. Mr.Devarajan, learned counsel takes notice for suo motu impleaded respondents. Page Nos.3/6
3. It is stated that the appeal has been preferred by the petitioner on 06.02.2023 and the same is pending before the fourth respondent.
4. The fourth respondent is directed to dispose of the appeal filed under Section 80A of the Tamil Nadu Town and Country Planning Act, 1971 giving priority to this case within a period of eight weeks from the date of receipt of a copy of this order. The fourth respondent shall give audience to the petitioner as well as the impleaded parties and decide the appeal at the earliest.
The writ petition stands disposed of with the above direction. Consequently, connected miscellaneous petition is closed. No costs. (B.P.,J.) (V.L.N.,J.) 25.05.2023 Index : No gpa/sra Page Nos.4/6
To 1.
The Commissioner Corporation of Coimbatore Ripon Buildings, Chennai - 600 003 2.
The Executive Engineer Greater Chennai Corporation Zonal Office VIII, 2nd Cross Street (East Pulla Avenue) Shenoy Nagar, Chennai - 600 030 3.
The Assistant Executive Engineer Greater Chennai Corporation Division - 104, H Block, 13th Street Anna Nagar, Chennai - 600 040 4.
The Secretary to Government Ministry of Housing, Urban Development Department, Secretariat Chennai - 600 001.
Page Nos.5/6
B.PUGALENDHI.J., and V.LAKSHMINARAYANAN , J.
gpa/sra & W.M.P.No.15175 of 2023 25.05.2023 Page Nos.6/6