← Library
Madras High CourtWP/16385/2023disposed of

M/S.Picker World v. The Secretary To Government

2023-05-25Honourable Mr Justice B.Pugalendhi,Honourable Mr Justice V. Lakshminarayanan5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 25.05.2023

CORAM

THE HON'BLE MR.JUSTICE B.PUGALENDHI AND THE HON'BLE MR.JUSTICE V. LAKSHMINARAYANAN M/s. Picker World Represented by its Proprietor N.John S/o. Nagendran At Door No.9, AG-Block 4th Avenue, Shanthi Colony Anna Nagar, Chennai 600 040.

..

Petitioner Vs.

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

2. The Executive Engineer Zone VIII, Greater Chennai Corporation No.36-B/12-B, Pulla Avenue Shenoy Nagar, Chennai 600 030.

3. The Assistant Executive Engineer Unit 22, Division 103 No.36-B/12-B, Pulla Avenue Shenoy Nagar, Chennai 600 030.

..

Respondents

Prayer: Writ Petition under Article 226 of the Constitution of India praying for a writ of Mandamus directing the respondents 2 and 3 from taking any coercive action of locking and sealing of the building at Door No.9, AG Block, 4th Avenue, Shanthi Colony, Anna Nagar, Chennai 600 040, pending disposal of the Revision dated 19.05.2023 filed under Section 80-A of the Tamil Nadu Town and Country Planning Act, 1971 pending on the file of the first respondent. For the Petitioner : Mr.V.Vasanthakumar For the Respondents : Mr.S.Prabhakaran Government Advocate for Respondent-1 Mr.D.B.R.Prabhu for Respondents 2 and 3

ORDER

(Made by V.Lakshminarayanan,J) The petitioner seeks a direction to the respondents 2 and 3 not to take any coercive action of locking and sealing of the building at Door No.9, AG Block, 4th Avenue, Shanthi Colony, Anna Nagar, Chennai 600 040.

2. The petitioner has preferred a Special Revision before the first respondent on 19.05.2023 under Section 80A of the Tamil Nadu Town and Country Planning Act. The petitioner fears that coercive action will be taken against the deviation as per the notice of the Greater Chennai Corporation dated 09.01.2023.

3. Considering the facts of the case, the first respondent is directed to dispose of the revision preferred by the petitioner on 19.05.2023 within a period of twelve weeks from the date of receipt of a copy of this order. Till the disposal of the revision, the respondents are restrained from taking any action as against the petitioner in pursuance of the notice dated 09.01.2023.

4. The writ petition is disposed of. There will be no order as to costs.

(B.P., J.) (V.L.N., J.) 25.05.2023 Index : Yes/No : Yes/No kpl/ms

To

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

2. The Executive Engineer Zone VIII, Greater Chennai Corporation No.36-B/12-B, Pulla Avenue Shenoy Nagar, Chennai 600 030.

3. The Assistant Executive Engineer Unit 22, Division 103 No.36-B/12-B, Pulla Avenue Shenoy Nagar, Chennai 600 030.

B.PUGALENDHI, J, and V.LAKSHMINARAYANAN, J.

(kpl/ms) 25.05.2023