V.Shanthakumari v. The Commissioner
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.15309 of 2024 V.Shanthakumari .. Petitioner Vs
1. The Commissioner, Greater Chennai Corporation, Ripon Buildings, Chennai - 600 003.
2. The Deputy Commissioner (Central), Greater Chennai Corporation,
3. The Executive Engineer - VIII,
4. The Assistant Executive Engineer / Unit - 21, Page Nos.1/6
5. The Assistant Engineer / Dn 01,
6. The Secretary to Government, Housing and Urban Development Department, Fort St. George, Chennai-600 009.
.. Respondents (R6 suo motu impleaded vide order of this Court dated 23.05.2024 in W.P.No.14124 of 2024) Petition filed under Article 226 of the Constitution of India praying for issuance of a writ of certiorarified mandamus calling for the records relating to the impugned orders passed by the respondents dated 07.05.2024 under notice No.ZONE VIII/TPENF/171/2024 and quash the same as null and void and forbearing the respondents from in anyway taking coercive steps like locking and sealing or demolishing or taking any other coercive steps against any part of the petitioner's premises situated at No.27, Redhills, Villivakkam SO, Tiruvallur District comprised in Survey No.338/2A measuring an extent of 812.52 Sq.ft and consequentially direct the respondents to consider Appeal No.7152941 dated 030.04.2024 filed by the petitioner under Section 80A of Tamil Nadu Town and Country Planning Act.
Page Nos.2/6
For Petitioner : Mr.S.Ramesh For Respondents : Mrs.Aswini Devi Standing Counsel for R1 to R5 Mr.D.Ravichandar Special Government Pleader for impleaded 6th respondent
ORDER
[Order of the Court was made by G.R.SWAMINATHAN, J.,] Heard both sides.
2. The Secretary to Government, Housing and Urban Development Department, Fort St. George, Chennai-600 009, is suo motu impleaded as 6th respondent. Mr.D.Ravichandar, learned Special Government Pleader, takes notice for the impleaded 6th respondent. The Registry is directed to carry out necessary amendment in the cause title.
3. The petitioner challenges the de-occupation notice issued by the Chennai Corporation. We are not inclined to interfere with the same as of now. This is because the petitioner has already filed a statutory appeal under Section 80A of the Tamil Nadu Town and Country Planning Act, 1971. The Page Nos.3/6
impleaded 6th respondent is the appellate authority. The appellate authority is directed to dispose of the appeal on merits and in accordance with law within a period of three months from the date of receipt of a copy of this order. Since the petitioner has already availed a statutory remedy, till the disposal of the appeal by the impleaded 6th respondent, the impugned order shall not be implemented. We make it clear that we have not gone into the merits of the matter.
4. 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.4/6
To
1. The Commissioner, Greater Chennai Corporation, Ripon Buildings, Chennai - 600 003.
2. The Deputy Commissioner (Central), Greater Chennai Corporation,
3. The Executive Engineer - VIII,
4. The Assistant Executive Engineer / Unit - 21,
5. The Assistant Engineer / Dn 01,
6. The Secretary to Government, Housing and Urban Development Department, Fort St. George, Chennai-600 009.
Page Nos.5/6
G.R.SWAMINATHAN, J., and P.B.BALAJI, J., kj/mmi and W.M.P.No.15309 of 2024 23.05.2024 Page Nos.6/6