K.Vasanth, v. The Secretary To Government
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 18.12.2015
CORAM:
THE HON'BLE MR. JUSTICE SATISH K. AGNIHOTRI and THE HON'BLE DR. JUSTICE P. DEVADASS W.P. No.39704 of 2015 K. Vasanth
...Petitioner
Vs.
The Secretary to Government, Housing and Urban Development Department Fort St. George, Secretariat, Chennai.
The Member Secretary, Chennai Metropolitan Development Authority, Thalamuthu Natarajan Building, No.1 Gandhi Irwin Road, Egmore, Chennai 600 008.
3 The Commissioner, Thiruverkadu Municipality, Sivan Koil Street, Thiruverkadu, Chennai.77.
... Respondents Writ Petition filed under Article 226 of the Constitution of India for issuance of a writ of Certiorarified Mandamus calling for the records of 1st respondent in letter No.16933/UD-VI(2)/ 2015 1, dated 11.09.2015 in rejecting petitioner's appeal filed under section 80-A of the Town and Country Planning Act as against locking and sealing decision of 2nd and 3rd respondents for the building comprised in Plot No. 69 A Pillayar Madam Thangal, Moovendar Nagar, Noombal, Chennai-77 by quashing the same and consequently direct the respondents to regularise the building put up in aforementioned property.
For petitioner Mr. B. Vijay For R1 Mrs. A. Srijayanthi Spl. Government Pleader For R2 Mr. K. Raja Srinivas For R3 Mr. P.S. Sivashanmugasundaram Special Government Pleader
O R D E R
(delivered by SATISH K. AGNIHOTRI, J.) Mrs. A. Srijayanthi, learned Special Government Pleader, accepts notice for the first respondent. Mr. K. Raja Srinivas, learned counsel, accepts notice for the second respondent. Mr. P.S.Sivashanmugasundaram, learned Special Government Pleader, accepts notice for the third respondent. With the consent of the learned counsel for the parties, the writ petition is taken up for final disposal, at the admission stage itself.
This writ petition is filed challenging the order dated 11 September 2015 passed by the first respondentGovernment rejecting the appeal (sic) application preferred by the petitioner challenging the locking, sealing and demolition notice dated 29 July 2015 issued by the third respondentMunicipality under Sections 56 and 57 of the Tamil Nadu Town and Country Planning Act, 1971 (for short "the Act"). The learned counsel for the petitioner, relying on the decision of a Division Bench of this Court in Lalithkumar C. Soni vs.
Government Tamil Nadu and Others1, wherein, it was held that sealing of the premises is not a condition precedent for filing a special revision petition under Section 80-A of the Act, submits that the impugned order passed by the first respondent-Government, rejecting the petitioner's application filed under Section 80-A of the Act on the ground that the same is not maintainable for want of locking and sealing of the premises, is erroneous.
The learned Special Government Pleader appearing for first respondent fairly submits that the matter may be remitted back to the first respondent-Government for re-consideration. W.P. Nos.16392 of 2015, etc. batch
In view of the aforesaid submission made by the learned Special Government Pleader, the impugned order passed by the first respondent-Government is set aside and the matter is remitted back to the first respondent-Government to re-consider all the issues afresh and pass orders on merits, in the light of the aforestated decision.
The writ petition stands disposed of accordingly. Costs made easy.
Sd/- Assistant Registrar(CS II) //True Copy// Sub Assistant Registrar To The Secretary to Government, Housing and Urban Development Department Fort St. George, Secretariat, Chennai.
The Member Secretary, Chennai Metropolitan Development Authority, Thalamuthu Natarajan Building, No.1 Gandhi Irwin Road, Egmore, Chennai 600 008.
3 The Commissioner, Thiruverkadu Municipality, Sivan Koil Street, Thiruverkadu, Chennai.77.
+1cc to Mr.K.Raja Srinivas, Advocate, S.R.No.69050 +1cc to the Government Pleader, S.R.No.68834 W.P. No.39704 of 2015 ug(CO) srg(05/01/2016)