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Madras High CourtWP/23263/2025disposed of

M/S.Microtech Pressings v. The Secretary To Government

2025-06-30Honourable Mrs Justice J. Nisha Banu,Honourable Mr.Justice M.Jothiraman6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 30-06-2025

CORAM

THE HONOURABLE MRS JUSTICE J. NISHA BANU AND THE HONOURABLE MR.JUSTICE M.JOTHIRAMAN W.P. No. 23263 of 2025 and W.M.P.No.26130 of 2025

1. M/s.Microtech Pressings Rep By Its Proprietor K.Karunakaran No.249/11, Kaivelliyam Nagar, Paadrimedu, Vadakal B Village, Vallam Panachayat, Sriperumbadur, Kanchipuram- 602 105.

Petitioner(s) Vs

1. The Secretary To Government Housing And Urban Development Department, Fort St. George, Chennai-09.

2.The Block Development Officer (VP) Sriperumbudur Panchayat Union, Kancheepuram District.

3.The Zonal Deputy Block Development Officer (Zone -III) Sriperumbudur Panchayat Union, Kancheepuram District.

4.The President Vallam Panchayat Sriperumbudur Taluk, Kancheepuram District.

Respondent(s) PRAYER The Writ Petition is filed under Article 226 of the Constitution of India forbearing the 4 th respondent from taking coercive action against the petitioner company based on the Notice No.02/ 2025 issued under section 56 (1 and 2A) of the Town and country planning Act by the 4 th respondent on 11.04.2025 until pending disposal of the Revision dated 22.04.2025 on the file of 1 st respondent.

For Petitioner(s):

Mr.S.Veeraraghavan For Respondent(s):

Mr.M.Venkateswaran Special Government Pleader For R1 Mr.M.Bindran Additional Government Pleader For R2

ORDER

(Order of the Court was made by J.NISHA BANU, J.) The present Writ Petition is filed to issue a Writ of Mandamus forbearing the 4 th respondent from taking coercive action against the petitioner Company based on the Notice No.02/ 2025 issued under Section 56 (1 and 2-A) of the Town and Country Planning Act.

2. It is the case of the petitioner that the Notice No.02/2025 was issued under Section 56 (1 and 2-A) of the Town and Country Planning Act and under Form IV by the President, Vallam Panchayat, Sriperumbudur Taluk, Kancheepuram District, dated 11.04.2025 contemplating locking and sealing and demolition action for the building put up at M/s.Microtech Pressings, No.249/11, Kaivelliyam Nagar, Paadrimedu, Vadakal B Village, Vallam Panchayat, Sriperumbudur, Kanchipuram. Challenging the said Notice, the petitioner preferred a Revision under Section 80-A of the Town and Country Planning Act before the 1 st respondent on 22.04.2025 and the same is pending. Further, the officials of the 4 th respondent have failed to consider the planning permission already obtained vide Local Panchayat Proceedings / Resolution No.100, dated 14.11.2014 issued by the 4 th respondent for the aforementioned property. The petitioner Company has also obtained no objection certificate from Tahsildhar, Sriperumbudur Taluk, for running small industry as well as manufacture of parts of motorcycles.

3. It is the further case of the petitioner that even though the Revision Petition is filed along with stay petition before the 1 st respondent, the 1 st respondent has not passed an order of stay of the Notice issued by the 4 th respondent. Hence, the petitioner is constrained to move this Writ Petition.

4. Heard the learned counsel appearing for the petitioner as well as the respondents and perused the materials placed before this Court.

5. Admittedly, the Revision Petition filed under Section 80-A of the Town and Country Planning Act, is already pending before the 1 st respondent. Hence, this Court directs the first respondent to dispose of the Revision Petition, on merits and in accordance with law, within a period of two (2) months from the date of receipt of a copy of this order. The stay petition already filed by the petitioner may also be considered by the appellate authority, forthwith.

6. Accordingly, the Writ Petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed.

(J.NISHA BANU J.) (M.JOTHIRAMAN J.) 30-06-2025 ASI

To 1.The Secretary To Government Housing And Urban Development Department, Fort St. George, Chennai-09.

2.The Block Development Officer (VP) Sriperumbudur Panchayat Union, Kancheepuram District.

3.The Zonal Deputy Block Development Officer (Zone -III) Sriperumbudur Panchayat Union, Kancheepuram District.

4.The President Vallam Panchayat Sriperumbudur Taluk, Kancheepuram District.

J.NISHA BANU J.

AND M.JOTHIRAMAN J.

ASI W.P. No. 23263 of 2025 and W.M.P.No.26130 of 2025 30-06-2025