M.Usha v. The Commissioner
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 21.06.2024 CORAM :
THE HONOURABLE MR. JUSTICE S.S. SUNDAR AND THE HONOURABLE MR. JUSTICE N.SENTHILKUMAR WP.No.16327/2024 & WMP.Nos.17873 & 17874/2024 M.Usha ... Petitioner Vs.
1.The Commissioner Greater Chennai Corporation Chennai.
2.The Member Secretary, Chennai Metropolitan Development Authority ''Thalamuthu Natarajan Building'', No.1, Gandhi Irwin Road, Egmore Chennai 600 008.
3.The Municipal Commissioner Tambaram Municipality.
4.The Assistant Engineer Zone 14, Division 186, Puzuthivakkam
5.Assistant Executive Engineer Zone 14, Unit 42, Puzhuthivakka 6.The Executive Engineer Zone 14, Puzhuthivakkam 7.The Principal Secretary to Government Housing and Urban Development Department Secretariat, Chennai 600 009.
... Respondents R7 suo motu impleaded vide this final order passed today [21.06.2024] Prayer : Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of certiorari calling for the records in the impugned Notice No.14/00114/2024 dated 08.04.2024 passed by respondents 4 to 6 and quash the same.
For Petitioner : Mr.S.Veeraraghavan For R1, 4 to 6 : M/s.S.Vanitha Joice Rani Standing counsel For R2 : Mr.R.Sivakumar, Standing counsel
ORDER
[Order of the Court was made by S.S.SUNDAR, J.,] (1)The present writ petition has been filed seeking to quash the impugned
notice dated 08.04.2024 passed by respondents 4 to 6. (2)M/s.S.Vanitha Joice Rani, learned Standing counsel accepts notice on behalf of respondents 1, 4 to 6 and Mr.R.Sivakumar, learned Standing counsel accepts notice on behalf of the 2nd respondent. (3)The impugned notice is issued after issuance of the Lock and Seal Notice earlier on 26.02.2024. The petitioner though has not referred to the statutory remedy by way of special revision in terms of Section 80-A of the Town and Country Planning Act, 1971, the learned counsel for the petitioner has now produced before this Court, the Memorandum of Special Revision stated to have been filed by the petitioner on 18.06.2024 as against the impugned notice before the Government.
(4)Though the petitioner has not impleaded the Principal Secretary to Government, who is the authority to decide the Special Revision filed by the petitioner, the Principal Secretary to Government, Housing and Urban Development Department, Secretariat, Chennai 600 009, is suo motu impleaded as the 7th respondent in this writ petition.
is also convinced that the petitioner has put up the construction pursuant to an approved plan and the deviations are minor, this Court is inclined to pass the following order.
(6)The 7th respondent is directed to consider and dispose of the revision petition stated to have been filed by the petitioner on 18.06.2024 on merits and in accordance with law within a period of six months from the date of receipt of a copy of this order and communicate the decision taken, to the petitioner herein. Till such time the special revision filed by the petitioner is disposed of by the 7th respondent in accordance with law, the respondents shall not initiate any coercive action and are directed to maintain status quo.
(7)The writ petition stands disposed of accordingly. No costs. Consequently, connected miscellaneous petitions are closed. [S.S.S.R., J.] [N.S., J.] 21.06.2024 AP Internet : Yes
To 1.The Commissioner Greater Chennai Corporation Chennai.
2.The Member Secretary, Chennai Metropolitan Development Authority ''Thalamuthu Natarajan Building'', No.1, Gandhi Irwin Road, Egmore Chennai 600 008.
3.The Municipal Commissioner Tambaram Municipality.
4.The Assistant Engineer Zone 14, Division 186, Puzuthivakkam 5.Assistant Executive Engineer Zone 14, Unit 42, Puzhuthivakka 6.The Executive Engineer Zone 14, Puzhuthivakkam 7.The Principal Secretary to Government Housing and Urban Development Department Secretariat, Chennai 600 009.
S.S. SUNDAR, J., and N.SENTHILKUMAR, J., AP 21.06.2024