Sundar Singh v. The Commissioner,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 07.06.2019 CORAM :

The Hon'ble Mrs.VIJAYA K.TAHILRAMANI, CHIEF JUSTICE AND The Hon'ble Mr.JUSTICE M.DURAISWAMY W.P. No.15601 of 2019 and W.M.P.No.15503 of 2019 M.G.Sundar Singh .. Petitioner -vs1.The Commissioner, Greater Chennai Corporation, Ribbon Building, Chennai 600 003.

2.The Executive Engineer, Greater Chennai Corporation, Zone 14, Puzhuthivakkam, Chennai 600 091.

3.The Assistant Executive Engineer, Greater Chennai Corporation, Unit-41, Zone 14, Puzhuthivakkam, Chennai 600 091.

4.The Assistant Engineer, Greater Chennai Corporation, Div.186, Zone 14, Puzhuthivakkam, Chennai 600 091.

5.The Secretary, Housing and Urban Development Dept., Fort St. George, Chennai.

.. Respondents Petition filed under Article 226 of the Constitution of India praying for issue of Writ of Mandamus to direct the respondents 2 to 4 not to proceed further pursuant to the locking and sealing and demolition notice and Deoccupation notice letter No.14/000/2019 dated 09.01.2019 till disposal of the Revision Petition pending before the Secretary to Government.

For Petitioner :

Mr.G.Murugendran For Respondents :

Mr.V.C.Selvasekaran Stdg. Counsel for RR 1 to 4 :

Mr.V.Jayaprakash Narayanan Govt. Pleader (i/c.) for R-5

O R D E R

(Order of the Court was made by The Hon'ble Chief Justice) Heard the learned counsel for the petitioner and Mr.V.C.Selvasekaran, learned Standing Counsel, who takes notice on behalf of respondent nos.1 to 4 and Mr.V.Jayaprakash Narayanan, learned Government Pleader (i/c.), who takes notice on behalf of fifth respondent.

2.The case of the petitioner is that he received deoccupation notice dated 09.01.2019 issued under Sections 56 and 57 read with Section 85 of the Tamil Nadu Town and Country Planning Act, 1971, in relation to Plot No.152, Sri Ganesh Apartment, S2 'A' Block 5th Cross Street, Thirumalai Nagar, Perungudi, Chennai 600096. Against the said notice, the petitioner has preferred an appeal under Section 80-A of the said Act on 11.02.2019 and he has preferred a stay application in the said appeal on the very same date.

3.The learned counsel for the petitioner states that though the appeal and the stay application were preferred on 11.02.2019, till date no orders have been passed either in the appeal or in the stay application. Hence, it is apprehended that the authorities may take action against the petitioner's property.

4.In view of the above facts, we direct the fifth respondent, who is the competent authority to decide the stay application within a period of ten days from the date of receipt of a copy of this order and the appeal be disposed of as expeditiously as possible thereafter.

With the above observation, the writ petition is disposed of. No costs. Consequently, W.M.P.No.15503 of 2019 is closed. s/d- Assistant Registrar(CS-III) True Copy Sub-Assistant Registrar

To 1.The Commissioner, Greater Chennai Corporation, Ribbon Building, Chennai 600 003.

2.The Executive Engineer, Greater Chennai Corporation, Zone 14, Puzhuthivakkam, Chennai 600 091.

3.The Assistant Executive Engineer, Greater Chennai Corporation, Unit-41, Zone 14, Puzhuthivakkam, Chennai 600 091.

4.The Assistant Engineer, Greater Chennai Corporation, Div.186, Zone 14, Puzhuthivakkam, Chennai 600 091.

5.The Secretary, Housing and Urban Development Dept., Fort St. George, Chennai.

+1 CC to Mr.G.Murugendran, Advocate sr 45700. W.P.No.15601 of 2019 JP(CO) SP(10/06/2019)