Revathi Sundarrajan v. The Secretary To Government
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 03-04-2025
CORAM
THE HONOURABLE MR JUSTICE S. M. SUBRAMANIAM AND THE HONOURABLE MR.JUSTICE K.RAJASEKAR and WMP.Nos.15426 & 15425 of 2024
1. Revathi Sundarrajan W/o.Sundarrrajan, Old No.29, New No.29, Sub-division Part (c), Kallukaran Street, Mylapore, Chennai-600 004.
Petitioner in WP No. 14236 of 2024 A.Somasundaram S/o. P.Annamalai, Old No.29, New No.29, Sub-division Part (b), Kallukaran Street, Mylapore, Chennai-600 004.
Petitioner in WP No. 14238 of 2024 Vs
1. The Secretary To Government Housing And Urban Development
Department, Secretariat, Chennai-600 009.
2.The Executive Engineer Zone-IX, Greater Chennai Corporation, No.1, Lake Area 4th Cross Street, Nungambakkam, Chennai-600 034.
3.The Assistant Engineer Division-124, Zone-IX, Greater Chennai Corporation, No.1, Lake Area 4 th Cross Street, Nungambakkam, Chennai-600 034.
4.The Commissioner The Corporation Of Chennai, Rippon Building, Chennai-600 003.
Respondents in both Petitions PRAYER in WP No. 14236 of 2024:
Forbearing the 2nd and 4th respondents or anybody on their behalf from initiating any coercive action with regard to property comprised in New No.29, Part C, Old No.29, 2 nd floor, Kallukaran Street, Mylapore, Chennai 600 004, till the disposal of the petitioner's revised plan dated 21.05.2024 in SD / WDCN09 / 00727 / 2021 submitted under the Tamil Nadu Town and Country Planning Act to the the 1 st respondent.
PRAYER in WP No. 14238 of 2024:
Forbearing the 2nd and 4th respondents or anybody on their behalf from initiating any coercive action with regard to property comprised in New No.29, Part B, Old No.29, 2 nd floor, Kallukaran Street, Mylapore, Chennai 600 004, till the disposal of the petitioner's revised plan dated 21.05.2024 in SD / WDCN09 / 00727 / 2021 submitted under the Tamil Nadu Town and Country Planning Act to the the 1 st respondent.
In Both Writ Petitions For Petitioner(s):
Mr.S.Lakshmikanth For Respondent(s):
Mrs.E.Renganayaki, Additional Government Pleader For R1 Mrs.Aswini Devi .K Standing Counsel For GCC For R2 - 4 COMMON ORDER (Order of the Court was made by S.M.Subramaniam J.) The Writ of Mandamus has been instituted to forbear the 2 nd and 4 th respondents or anybody on their behalf from initiating any coercive action with regard to property comprised in New No.29, Part B & C, Old No.29, 2 nd floor, Kallukaran Street, Mylapore, Chennai 600 004, till the disposal of the petitioners' revised plan dated 21.05.2024 in SD / WDCN09 / 00727 / 2021 submitted under the Tamil Nadu Town and Country Planning Act to the the 1 st respondent.
2.
The negative relief as such sought for is not maintainable and the authorities are bound to act in accordance with law. While initiating enforcement action, due process as contemplated under statutes and rules are to be followed. However, an omnibus prayer to forbear the officials from initiating action is not entertainable and the Courts in the event of granting such relief would result in an anomalous situation, where the competent authorities may not be in a position to initiate action against illegality and act in accordance with
law.
3.
Therefore, the prayer itself is not maintainable and consequently, the Writ Petitions are dismissed. No costs. The connected Miscellaneous Petitions are closed.
(S.M.SUBRAMANIAM J.)(K.RAJASEKAR J.) 03-04-2025 gd Index:Yes/No Speaking/Non-speaking order Internet:Yes
To 1.The Secretary To Government Housing And Urban Development Department, Secretariat, Chennai-600 009.
2.The Executive Engineer Zone-ix, Greater Chennai Corporation, No.1, Lake Area 4th Cross Street, Nungambakkam, Chennai-600 034.
3.The Assistant Engineer Division-124, Zone-ix, Greater Chennai Corporation, No.1, Lake Area 4th Cross Street, Nungambakkam, Chennai-600 034.
4.The Commissioner The Corporation Of Chennai, Rippon Building, Chennai-600 003.
S.M.SUBRAMANIAM J.
AND K.RAJASEKAR J.
gd WP No. 14236 of 2024 & 14238 of 2024 03-04-2025