L.Dhivya v. The Principal Secretary To Government,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.05.2024

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and THE HONOURABLE MR.JUSTICE P.B.BALAJI and W.M.P. No.15295 of 2024 L.Dhivya .. Petitioner Vs 1.The Principal Secretary to Government, Housing & Urban Development Dept., Fort St.George, Chennai - 9.

2.The Addl.Secretary to Government (Technical) Housing & Urban Development Dept., Fort St.George, Chennai - 9.

3.The Commissioner, Coimbatore Municipal Corporation, Coimbatore - 641 001.

.. Respondents Petition filed under Article 226 of the Constitution of India praying for issuance of a writ of mandamus forbearing the 3rd respondent from in any manner interfering with the structural construction of petitioner building situated in the plot no.60 (New Door No.83, Old Door No.21-C/2) Page Nos.1/4

Kamaraj Nagar, 4th Street, Avarampalayam (Krishnarayapuram Village), Coimbatore - 641 006 by way of demolishing or locking and sealing of the said building in pursuant to the demolition notice in Na.Ka.No.21513/2023/H.1 (North), dated 08.05.2024, issued by the 3rd respondent herein, pending final decision of the petitioner's statutory appeal dated 15.05.2024 under Section 80A of the Tamil Nadu Town and Country Planning Act, 1971, before 1st and 2nd respondents herein. For Petitioner :

Mr.S.Jayaseelan For Respondents :

Mr.S.Prabakaran, Government Advocate for R1, R2 Mr.DR.Arunkumar for R3

ORDER

[Order of the Court was made by G.R.SWAMINATHAN, J.,] Heard both sides.

2. The petitioner has preferred a statutory appeal under Section 80A of the Tamil Nadu Town and Country Planning Act, 1971 before the 1st respondent. The 1st respondent is directed to consider the same and pass Page Nos.2/4

appropriate orders on merits and in accordance with law within a period of three months from the date of receipt of a copy of this order. Till the final order is passed, no coercive action shall be taken against the petitioner or the petition mentioned construction.

3. The writ petition is disposed of accordingly. No costs. Consequently, connected miscellaneous petition is closed. (G.R.S.,J.) (P.B.B.,J.) 23.05.2024 Index : Yes/No kj/mmi Page Nos.3/4

G.R.SWAMINATHAN, J., and P.B.BALAJI, J., kj/mmi To 1.The Principal Secretary to Government, Housing & Urban Development Dept., Fort St.George, Chennai - 9.

2.The Addl.Secretary to Government (Technical) Housing & Urban Development Dept., Fort St.George, Chennai - 9.

3.The Commissioner, Coimbatore Municipal Corporation, Coimbatore - 641 001.

and W.M.P. No.15295 of 2024 23.05.2024 Page Nos.4/4