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Madras High CourtWP/32848/2015dismissed

P.Devaraj v. Government Of Tamil Nadu

2015-11-03Honourable The Chief Justice,Honourable Mrs Justice Pushpa Sathyanarayana3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated: 03.11.2015 Coram:

The Honourable Mr.SANJAY KISHAN KAUL, CHIEF JUSTICE and The Honourable Mrs.Justice PUSHPA SATHYANARAYANA Writ Petition No.32848 of 2015 and M.P. No.1 of 2015 ------- P.Devaraj .. Petitioner

Versus

1.The Government of Tamil Nadu represented by its Secretary to Government, Housing and Urban Development Department, Secretariat, Chennai 9.

2.Corporation of Chennai represented by its Commissioner Rippon Buidling, Chennai -3.

3.Superintendent Engineer, South Zone, Office of Regional Joint Commissioner (South) Corporation of Chennai, 115, Muthulakshmi Salai, Adyar, Chennai 600 020.

.. Respondents.

Petition filed under Article 226 of the Constitution of India praying for the issue of a writ of Mandamus, directing the 2nd and 3rd respondents to forbear them from in anyway interfering with the building put up at Plot No.448, 7th Cross Street, 2nd South Main Road, Kapaleeswarar Nagar, Neelangarai, Chennai -115, particularly by way of demolition of the same, pending final determination of the Statutory Appeal under Section 80(A) and 80 (A)(3) of the Town and Country Planning Act, 1971, dated 01.10.2015.

For Petitioner ::: Mr.L.Chandrakumar for M/s.D.S.Rajasekaran For Respondents::: Mr.P.H.Aravind Pandian Additional Advocate General

assisted by Mr.STS.Murthi for R.1 Mr.K.Soundararajan for R.2 and R.3

O R D E R

(The Order of the Court was made by The Hon'ble The Chief Justice) The appeal has already been filed by the petitioner for whatever it is worth and it is for the concerned authorities to examine the appeal and to consider the interim application for stay.

2. We see no reason to exercise any jurisdiction in the present proceedings.

3. The writ petition accordingly stands dismissed. No costs. Consequently connected miscellaneous petition is closed. ksr s/d- Assistant Registrar(CS-V) True Copy Sub-Assistant Registrar To 1.The Secretary to Government, Government of Tamil Nadu Housing and Urban Development Department, Secretariat, Chennai 9.

2.The Commissioner Corporation of Chennai Rippon Buidling, Chennai -3.

3.Superintendent Engineer, South Zone, Office of Regional Joint Commissioner (South) Corporation of Chennai, 115, Muthulakshmi Salai, Adyar, Chennai 600 020.

+ 1 cc to Govt.Pleader SR 60299 + 1 cc to Mr.D.S.Rajasekaran, Advocate Sr 60181 (5/1/16) + 1 cc to Mr.K.Soundararajan, Advocate Sr 61109 (5/1/16) ak(co) prk16/11 WP 32848 2015