Mr.Selvanathan v. Chennai Metropolitan
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 24.06.2016
CORAM
THE HONOURABLE MR.JUSTICE HULUVADI G. RAMESH and THE HONOURABLE MR.JUSTICE M.V.MURALIDARAN Writ Petition No.21762 of 2016 and WMP.No.18613 of 2016 Selvanathan
...Petitioner
Vs.
1.Chennai Metropolitan Development Authority Rep. By its Member-Secretary No.1, Gandhi-Irwin Road Egmore, Chennai-600 008 2.Government of Tamil Nadu Rep. By its Secretary to Govt., Housing and Urban Development Department Secretariat, Chennai-600 009
...Respondents
Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus forbearing the 1st respondent or anybody on their behalf from initiating any coercive action of locking and sealing and demolition with regard to the building put up at Door Nos.49/1 and 49/2, Mothilal Street, T.Nagar, Chennai-600 017, pending determination of the Special Revision Petition dated 10.06.2016 submitted by the petitioner under Section 80-A of the Tamil Nadu Town and Country Planning Act.
For Petitioner : Mr.R.Mohan For Respondents: Mr.C.Johnson for R1 Mr.R.Vijayakumar, Additional Government Pleader for R2
O R D E R
(Order of the Court was made by HULUVADI G. RAMESH,J.) Mr.C.Johnson, learned Standing Counsel, takes notice for the 1st respondent. Mr.R.Vijayakumar, learned Additional Government Pleader, takes notice for the 2nd respondent-Housing and Urban
Development Department. With consent of the learned counsel on either side the writ petition itself is taken up for final disposal.
2. We have heard the learned counsel appearing on either side.
3. This Writ Petition is filed praying to issue a Writ of Mandamus forbearing the 1st respondent on their behalf from initiating any coercive action of locking and sealing and demolition with regard to the building put up at Door Nos.49/1 and 49/2, Mothilal Street, T.Nagar, Chennai-600 017, pending determination of the Special Revision Petition dated 10.06.2016 submitted by the petitioner under Section 80-A of the Tamil Nadu Town and Country Planning Act.
4. It is averred in the Writ Petition that the petitioner obtained planning permission and building permission from the Corporation of Chennai and put up building in the aforementioned property, however, due to minor deviations, the 1st respondent issued Locking and Sealing Notice on 30.05.2016, against which, the petitioner had filed Special Revision Petition under Section 80-A and 80-A(3) of the Town and Country Planning Act, 1971, and the same is pending.
5. Now, the learned counsel for the petitioner submits that the petitioner is having the apprehension that the 1st respondent may take coercive action, pending disposal of the Special Revision Petition. The learned counsel further prayed for suitable direction to the 2nd respondent to dispose of the Special Revision Petition.
6. Considering the facts and the submissions made on either side, the 2nd respondent is directed to consider and dispose of the Special Revision Petition dated 10.06.2016 filed under Section 80-A of the Tamil Nadu Town and Country Planning Act, preferred by the petitioner, within two months from the date of receipt of a copy of this order. In the meanwhile, there shall be an order of status quo.
7. The Writ Petition is disposed of with the above direction. No costs. Consequently, connected WMP is closed. Sd/- Assistant Registrar(CS II) //True Copy// Sub Assistant Registrar nvsri
To 1.The Member-Secretary, Chennai Metropolitan Development Authority, No.1, Gandhi-Irwin Road, Egmore, Chennai-600 008 2.The Secretary to Govt., Housing and Urban Development Department,Secretariat, Chennai-600 009.
+1cc to Mr.R. Mohan, Advocate, S.R.No.35141 +1cc to Mr.C.J. Johnson, Advocate, S.R.No.35502 +1cc to the Government Pleader, S.R.No.35534 GJII(CO) EU(25/07/2016) W.P.No.21762 of 2016