P.Rajan v. The Government Of Tamilnadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 03.11.2016 CORAM :
The Hon'ble MR.SANJAY KISHAN KAUL, CHIEF JUSTICE AND The Hon'ble MR.JUSTICE R.MAHADEVAN W.P.Nos.40967, 40968, 40969, 40970, 40971, 40972, 40973 of 2015 and 18011 of 2016 and connected miscellaneous petitions W.P.No.40967 of 2015:
1.P.Rajan 2.P.Sudhakar 3.P.Sekar 4.P.Siva .. Petitioners -vs1.The Government of Tamil Nadu, rep. by its Secretary, Housing and Urban Development Department, Fort St. George, Chennai-600 009.
2.Corporation of Chennai, rep. by its Commissioner, Ripon Buildings, Chennai-600 003.
3.The Executive Engineer, Town Planning - Enforcement, Corporation of Chennai, Zone V, O/o Regional Deputy Commissioner - North, No.61, Basin Bridge Road, Chennai-600 021.
.. Respondents 1 G.R.Anantha Padmanaban petitioners in WP.No.40968/15 2 G.R.Radhakrishnan 1 G. Saravnakumar Petitioner in WP.No.40969/15
S/o Late N.Gnanam Rep.By his Power of Attorney Meena Gnanam Door No. AH-17 4th Avenue, Shanthi Colony, Anna Nagar Chennai 40 1 Nathella Sampath Jewellery Pvt. Ltd. Rep. By its Director N. Prapanna Kumar S/o.Ranganatha Gupta No.225 Purasawakkam High Road, Vepery, Chennai 7 Petitioner in WP.No.40970/15 1 Sri Kanyaka parameswari Devasthanam Rep.By its Secretary K.Ravindranath S/o. Late K. Srinivasalu No.82 Amman Koil Street, George Town, Chennai 600 001 Petitioner in WP.No.40971/15 1 Prakash Gold Palace Private Ltd., Rep.by its Director mukesh Jain, No.
101, N.S.C. Bose Road, Chennai 600 079 Petitioner in WP.No.40972/15 1 baunak Haub S/o. Khumehand Jain, old No.162, New Nos.329 & 331, mint Street, Sowcarpet, Chennai 01 WP.no.40973 / 15 1 kamala Bai W/o. Kundanmal 2 Nitesh Kumar, S/o.Ramesh Kumar, Both at M. Shanthi Nivas No.104, Narayana Mudali St, Sowcarpet, Chennai 1 WP.No.18011/2016 1 The Government of Tamilnadu Rep.By its Secretary Housing and Urban Development Department Fort St. George Chennai 9 2 Corporation of Chennai Rep.By its Commissioner, Ripon Buildings, Chennai 600 003 3 The Executive Engineer Town Planning Enforcement, Forporation of Chennai O/O. Regional Deputy Commissioner
Central Pulla Avenue Shenoy Nagar Chennai 600 030 Respondent in WP.No.40968/15 1 The Government of Tamilnadu Rep.by its Secretary Housing and Urban Development Department Fort St. George Chennai 9 2 Corporation of Chennai Rep.by its Commissioner, Ripon Buildings Chennai 600 003 3 The Executive Engineer Enforcement-Region (Central) Corporation of Chennai Pullah Avenue Shenoy Nagar Chennai 600 030 Respondent in WP.No.40969/15 1 The Government of Tamil Nadu Rep.by its Secretary Housing and Urban Development Department Fort St. George Chennai 9 2 Corporation of Chennai Rep.by its commissioner, Rippon Buildings Chennai 3 3 The Executive Engineer Town Planning Enforcement Corporation of Chennai O/O. Regional Deputy Commissioner Central, Pullah Avenue, Shenoy Nagar Chennai 30 Respondent in WP.No.
40970/15 1 The Government of Tamilnadu Represented by its Secretary Housing and urban Development Department Fort St.George Chennai 600 009 2 Corporation of Chennai Rep.by its Commissioner Ripon Buildings Chennai 600 003 3 The Executive Engineer Town Planning - Enforcement Corporation of Chennai O/O. Regional Deputy Commissioner - North No.61 Basin Bridge Road Chennai 600 021 Respondent in WP.No.40971/15 1 The Government of Tamil Nadu Rep.
Development Department Fort St. George Chennai 9 2 Chennai Metropolitan Development Authority Rep.by its member Secretary No.1 Gandhi Irwin Road Egmore, Chennai 8 Respondents in WP.No.40972/15 1 The Government of Tamilnadu, Represented by its Secretary Housing and Urban Development Department Fort St. George, Chennai 9 2 Chennai Metropolitan Development Authority, Rep.by its Member - Secretary No.1 Gandhi Irwin Road, Egmore, Chennai 8 Respondents in WP.No.40973/15 1 The Government of Tamil Nadu Rep.by its Secretary to Govt., Housing and Urban Development Department Fort St. George, Chennai 9 2 The Corporation of Chennai Rep.by its Commissioner Rippon Buildings Chennai 3 3 The Executive Engineer Town Planning (Enforcement) O/O, Regional Deputy Commissioner (North) Corporation of Chennai basin Bridge Road, Chennai 21 Respondents in WP.No.
18011/2016 Writ Petition No.40967 of 2015 filed under Article 226 of the Constitution of India praying for issue of Writ of Certiorarified Mandamus calling for the entire records of the first respondent in proceedings LR.No.21605/UD-VI(2)/2015-1 dated 18.11.2015 in rejecting petitioners Appeal filed under Section 80-A of the Town and Country Planning Act with regard to the building put up at No.14 (New No.27), Purusawakkam High Road, Chennai-600 007 by quashing the same and consequently forbear the 2nd/3rd respondent or anybody on their behalf from initiating any coercive action of locking and sealing and demolition of the building put up at the aforementioned property.
WP.No.40968/2015 calling for the entire records of the 1st respondent in proceedings Lr.No.21607/UD-VI(1)/2015-1 dated 3.11.2015 in rejecting petitioner Appeal filed under Section 80-A of the Town and Country Planning Act with regard to the building put up at Old NO.187 to 189 Purasawakkam High Road Kilpauk Chennai 600 010 by quashing the same and consequently forbear the 2nd/3rd respondent or anybody on their behalf from initiating any coercive action of Locking and Sealing and Demolition of the building put up at the aforementioned property. WP.No.40969/2015 calling for the entire records of the 1st respondent in proceedings Lr.No.21611/UD-VI(1)/2015-1 dated 13.11.
2015 in rejecting petitioners Appeal filed under Section 80-A of the Town and Country Planning Act with regard to the building put up at AH-17 4th Avenue Shanthi colony Anna Nagar Chennai-40 by quashing the same and consequently forbear the 2nd/3rd respondent or anybody on their behalf from initiating any coercive action of Locking and Sealing and Demolition of the building put up at the aforementioned property. WP.No.40970/2015 Calling for the entire records of the 1st respondent in proceedings in LR No.21612/ UD-VI(1)/ 2015-1 dated 3.11.2015 in rejecting the petitioner Appeal filed under Section 80A of Town and Country Planning Act with regard to the building put up at No.
225 Purasawakkam High Road Vepery Chennai-600 007 by quashing the same and consequently forbear the 2nd/3rd respondent or anybody on their behalf from initiating any coercive action of Locking and Sealing and Demolition of the Building put up at the aforementioned property WP.No.40971/2015 Calling for the entire records of the 1st respondent in proceedings in Lr.No. 21610/UD-VI (2)/2015-1 dated 26.10.2015 in rejecting petitioner Appeal filed under Section 80-A of the Town and Country Planning Act with regard to the building put up at No. 82 Amman Koil Street George Town Chennai-600 001 by quashing the same and consequently forbear the 2nd /3rd respondent or anybody on their behalf from initiating any coercive action of Locking and Sealing and Demolition of the building put up at the aforementioned property WP.No.
40972/2015 Calling for the entire records of the 1st respondent in proceedings in LR No.21637/ UD-VI(2)/ 2015-1 dated 3.11.
No.101 N.S.C Bose Road Chennai-600 079 by quashing the same and consequently forbear the 2nd respondent or anybody on their behalf from initiating any coercive action of Locking and Sealing and Demolition of the Building put up at the aforementioned property WP.No.40973/2015 Calling for the entire records of the 1st respondent in proceedings in LR No.22112/ UD-VI(1)/ 2015 dated 16.11.2015 in rejecting the petitioners Appeal filed under Section 80A of Town and Country Planning Act with regard to the building put up at Old No.162 New Nos.329 & 331 Mint Street Sowcarpet Chennai-1 by quashing the same and consequently forbear the 2nd respondent or anybody on their behalf from initiating any coercive action of Locking and Sealing and Demolition of the Building put up at the aforementioned property WP.No.
18011/2016 calling for the records of 1st respondent in letter No.21038/UDVI(1)/2015-1 dated 24.11.2015 in rejecting the petitioners Revision petition filed under Section 80-A of the Town and Country Planning Act as against locking and Sealing decision of officials of Corporation of Chennai for the building put up at No.
Mr.R.Mohan For Respondents :
Mr.R.Vijayakumar Addl. G.P. for R1 Mr.A.Nagarajan for R2 & R3 WP.No.40968/2015 For Petitioner :
Mr.R.Mohan For Respondents :
Mr.R.Vijayakumar Addl. G.P. for R1 Mr.A.Nagarajan for R2 & R3 WP.No.40969/2015 For Petitioner :
Mr.R.Mohan For Respondents :
Mr.R.Vijayakumar Addl. G.P. for R1 Mr.R. Arunmozhi for R2 & R3
WP.No.40970/2015 For Petitioner :
Mr.R.Mohan For Respondents :
Mr.R.Vijayakumar Addl. G.P. for R1 Mr.R. Arunmozhi for R2 & R3 WP.No.40971/2015 For Petitioner :
Mr.R.Mohan For Respondents :
Mr.R.Vijayakumar Addl. G.P. for R1 Mr.V.C. Selvasekaran for R2 & R3 WP.No.40972/2015 For Petitioner :
Mr.R.Mohan For Respondents :
Mr.R.Vijayakumar Addl. G.P. for R1 Mr.K. Rajashinivas for R2 WP.No.40973/2015 For Petitioner :
Mr.R.Mohan For Respondents :
Mr.R.Vijayakumar Addl. G.P. for R1 Mr.K. Rajashrinivas for R2 WP.No.18011/2015 For Petitioner :
Mr.R.Mohan For Respondents :
Mr.R.Vijayakumar Addl. G.P. for R1 Mr.A.Nagarajan for R2 & R3
ORDER
(Order of the Court was made by The Hon'ble Chief Justice) The learned counsel for the petitioners seeks to withdraw the writ petition. Endorsement has been made.
2. The writ petitions are dismissed as withdrawn. No costs. Consequently, all connected miscellaneous petitions are closed. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar
To 1.The Secretary, Housing and Urban Development Department, Fort St. George, Chennai-600 009.
2.The Commissioner, Corporation of Chennai, Ripon Buildings, Chennai-600 003.
3.The Executive Engineer, Town Planning - Enforcement, Corporation of Chennai, Zone V, O/o Regional Deputy Commissioner - North, No.61, Basin Bridge Road, Chennai-600 021.
4 3 The Executive Engineer Town Planning Enforcement Corporation of Chennai O/O. Regional Deputy Commissioner Central, Pullah Avenue, Shenoy Nagar Chennai 30 5 Member Secretary Chennai Metropolitan Development Authority No.1 Gandhi Irwin Road, Egmore, Chennai 8 +1cc to Mr.A. Nagarajan, Advocate, S.R.No.62557 +3cc to Mr.R. Arunmozhi, Advocate, S.R.No.62551,62546 and 62553 sm (CO) md (18/11/2016) W.P.No.40967 to 40973 of 2015 and 18011 of 2016