Rani Selvam v. Government Of Tamilnadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 30.09.2020
CORAM
THE HON'BLE MR.JUSTICE M.M.SUNDRESH and THE HON'BLE MRS.JUSTICE R.HEMALATHA W.P.No. 13960 of 2020 and W.M.P.No.17345 of 2020 Rani Selvam ..Petitioner vs
1. Government of Tamilnadu, Rep. By its Secretary to Government, Housing & Urban Development Department, Secretariat, Chennai - 9.
2. Corporation of Chennai, Rep. By its Commissioner, Rippon Building, Chennai - 03.
3. The Executive Engineer, Zone-01, Div-006, Unit - 02, Thiruvottiyur, Chennai - 19.
4. The Asst. Executive Engineer, Zone-01, Div-006, Unit - 02, Thiruvottiyur, Chennai - 19.
..Respondents Petition filed under Article 226 of the Constitution of India praying to issue a writ of mandamus forbearing respondents 2 and 4 from in anyway interfering with the petitioner's premises at Plot No.30, Kalaingar Nagar Main Road, Thiruvottiyur, Chennai - 19 particularly by way of locking and sealing and demolition of the same, pending final determination of her Special Revision Petition dated 14.09.2020 by the first respondent under Section 80(A) and 80(A)(3) of the Town and Country Planning Act, 1971.
For Petitioner ..
Mr.D.S.Rajasekaran For Respondents ..
Mr.R.Vijayakumar, Addl.Govt. Pleader for R1 Mr.K.Raja Srinivas for R2 to R4
ORDER
(Order of the Court was made by M.M.SUNDRESH, J.) Seeking to issue a writ of mandamus forbearing respondents 2 and 4 from in anyway interfering with the petitioner's premises at Plot No.30, Kalaingar Nagar Main Road, Thiruvottiyur, Chennai - 19 particularly by way of locking and sealing and demolition of the same, pending final determination of her Special Revision Petition dated 14.09.2020 by the first respondent under Section 80(A) and 80(A)(3) of the Town and Country Planning Act, 1971, the present writ petition has been filed.
2.Mr.R.Vijayakumar, learned Additional Government Pleader takes notice for the first respondent. Mr.K.Raja Srinivas, learned counsel takes notice for respondents 2 to 4. 3.Pending the appeal filed against the lock and seal notice dated 10.09.2020, the writ petitioner seeks an interim protection. Inasmuch as the pendency of the appeal before the first respondent, which was received on 14.09.2020 is not in dispute, we direct the said authority to dispose of the same, after due notice to all the necessary parties, within a period of twelve weeks from the date of receipt of a copy of this order. Till such time, status quo as on today shall be maintained.
4.The writ petition stands disposed of accordingly. No costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar To
1. The Secretary to Government, Housing & Urban Development Department, Secretariat, Chennai - 9.
2. The Commissioner, Rippon Building, Chennai - 03.
3. The Executive Engineer, Zone-01, Div-006, Unit - 02, Thiruvottiyur, Chennai - 19.
4. The Asst. Executive Engineer, Zone-01, Div-006, Unit - 02, Thiruvottiyur, Chennai - 19.
+1cc to Mr.K.Raja Shrinivas, Advocate in Sr.32061 +1cc to Mr.D.S.Rajasekaran, Advocate in Sr.32125 W.P.No. 13960 of 2020 SRA(CO) RV(15/10/2020)