R.Shanmuga Mudaliar, v. The Secretary To Government,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 04.01.2016

CORAM:

THE HON'BLE MR. JUSTICE SATISH K. AGNIHOTRI and THE HON'BLE DR. JUSTICE P. DEVADASS W.P. No.40806 of 2015 R. Shanmugamudaliar represented by his Power Agent S.S. Muthu Kumar Petitioner Vs.

The Secretary to Government Housing and Urban Development Department Fort St. George Chennai The Member Secretary Chennai Metropolitan Development Authority Thalamuthu Natarajan Building No.1, Gandhi Irwin Road Egmore, Chennai 600 008 The Commissioner Thiruverkadu Municipality Sivan Koil Street Thiruverkadu Chennai - 600 077 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 the first respondent in letter no.16934/UD-VI(2)/2015-1 dated 11.09.2015 in rejecting the petitioner's appeal filed under Section 80-A of the Tamil Nadu Town and Country Planning Act, as against the locking and sealing decision of the second and third respondents for the building comprised in Plot No.

56, Pillayar Madam Thangal, Moovendar Nagar, Noombal, Chennai 600 077 by quashing the same and consequently, direct the respondents to regularise the building put up in the aforementioned property. For petitioner Mr. B. Vijay For R1 Mr. N. Sakthivel, Govt. Advocate For R2 Mr. N. Sampath, Standing Counsel For R3 Mr. K.

O R D E R

(delivered by SATISH K. AGNIHOTRI, J.) Mr. N. Sakthivel, learned Government Advocate, accepts notice for the first respondent. Mr. N. Sampath, learned Standing Counsel, accepts notice for the second respondent. Mr. K. Karthikeyan, learned Standing Counsel, 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 27 July 2015 issued by the third respondent under Sections 56 and 57 read with Section 85 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 Government Advocate appearing for the first respondent fairly submits that the matter may be remitted back to the first respondent-Government for reconsideration. In view of the aforesaid submission made by the learned Government Advocate, 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/- Asst.Registrar (CS IV ) /true copy/ Sub Asst. Registrar W.P. Nos.16392 of 2015 etc. batch

cad To The Secretary to Government Housing and Urban Development Department Fort St. George Chennai The Member Secretary Chennai Metropolitan Development Authority Thalamuthu Natarajan Building No.1, Gandhi Irwin Road Egmore, Chennai 600 008 The Commissioner Thiruverkadu Municipality Sivan Koil Street Thiruverkadu Chennai - 600 077 1 cc to Mr.B. Vijay, Advocate, sr. 19 1 cc to Government Pleader, Sr. 271 1 cc to M/s. N. Sampath, Advocate, Sr. 332 1 cc to Government Pleader SR NO 794[17/5/16] W.P. No.40806 of 2015 KSJ (CO) kk 12/1