Mr.K.Pushparajan v. The Secretary To Government

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.10.2015

CORAM:

THE HON'BLE MR.JUSTICE SATISH K. AGNIHOTRI AND THE HON'BLE MR.JUSTICE K.K.SASIDHARAN W.P.No.31581 of 2015 and M.P.No.1 of 2015 K. Pushparajan ...

Petitioner Vs 1 The Secretary to Government, Housing and Urban Development Department, Fort St. George, Chennai-9.

2 The Commissioner, Corporation of Chennai, Ripon Buildings, Chennai-3.

3 The Regional Deputy Commissioner (Central), Corporation of Chennai, NO.36-B Pulla Avenue, Shenoy Nagar, Chennai-30.

4 The Executive Engineer Corporation of Chennai, Zone X NO.117 , N.S. K.Salai, Kodambakkam, Chennai-24. ...Respondents Writ petition filed under Article 226 of the Constitution seeking for the issuance of a writ of certiorarifed mandamus calling for the entire records relating to the order of the 1st respondent made in Letter No.18138/ UD-6(1)/ 2015 dated 8.9.2015 in rejecting the petitioner's Section 80-A appeal filed under Tamilnadu Town and country Planning Act as against Locking and Sealing decision of Corporation of Chennai with regard to the building put up at Flat No.26 comprised in Survey No.186 187 190/1 & 2 and 191 Lambert Nagar 2nd Cross Street, Virugambakkam Village, Guindy Taluk, Chennai District by quashing the same and consequently direct the respondents to regularise the building put up in the aforementioned property.

For Petitioner : Mr.B. Rabu Manohar For Respondents : Mrs. A. Srijayanthi Special Government Pleader for R.1 Mr. R. Arunmozhi - R2 to R4 - - - - -

ORDER

(Order of the Court was delivered by SATISH K. AGNIHOTRI,J.,) Mrs. A. Srijayanthi, learned Special Government Pleader, accepts notice for the first respondent. Mr. R. Arunmozhi, learned counsel, accepts notice for the respondents 2 to 4. 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 of the first respondent dated 8 September, 2015 wherein the petitioner's appeal 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 29.09.2015, considered the aforestated issue, in extenso, in Lalithkumar C. Soni - Vs. - Government of Tamil Nadu and others1 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.

W.A.Nos. 16392 of 2015 batch.

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." 5.

In that view of the matter, this writ petition is allowed and the impugned order is set aside on the same terms. No costs. Consequently, connected miscellaneous petition is closed.

sd/ ASSISTANT REGISTRAR(CS-II) /TRUE COPY/ SUB-ASSISTANT REGISTRAR ra.

To

1. The Secretary to Government Government of Tamil Nadu Housing and Urban Development Department Fort St. George, Chennai 600 009.

2. The Commissioner, Corporation of Chennai, Ribbon Building. Chennai-3.

3. The Regional Deputy Commissioner(Central) Corporation of Chennai,, No.36-B, Pulla Avenue, Shenoy Nagar, Chennai-30.

4. The Executive Engineer, Corporation of Chennai,Zone NO.117, N.S.K.Salai, Kodambakkam, Chennai-24.

+1 CC to MR.R.Arunmozhi ADVOCATE. SR.NO. 54419 +1 CC to MR. B. Rabu Manohar ADVOCATE. SR.NO.54246 W.P. No.31581 of 2015 CO-SVI JD 15/10/2015