Bhawari Devi v. Corporation Of Chennai

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03-03-2015

CORAM

THE HONOURABLE MR.JUSTICE SATISH K.AGNIHOTRI AND THE HONOURABLE MR.JUSTICE M.VENUGOPAL WRIT PETITION No.5589 of 2015 and M.P.No.1 of 2015 Bhawari Devi .. Petitioner vs 1.Corporation of Chennai Rep. By its Commissioner Ripon Buildings Chennai 600 003 2.Executive Officer Zone V Corporation of Chennai O/o. Regional Deputy Commissioner (North) Basin Bridge Road Chennai 600 021 3.Chennai Metropolitan Development Authority Rep. By its Member-Secretary No.1, Gandhi-Irwin Road Egmore, Chennai 600 008 4.Government of Tamil Nadu Rep. By its Secretary Housing and Urban Development Department Fort St. George, Chennai 600 009 ..

Respondents Writ petition filed under Article 226 of the Constitution of India praying for issuance of a writ of mandamus forbearing the respondents 1 to 3 or anybody on their behalf from initiating any coercive action of locking and sealing for the building put up at No.374, Mint Street, Sowcarpet, Chennai till the disposal of appeal petition submitted by the petitioner under Section 80-A of the Tamil Nadu Town and Country Planning Act to the fourth respondent. For Petitioner : Mr.L.Chandra Kumar For Respondents : Mr.G.Anantharangan for RR1 and 2 Mr.J.Raja Srinivas for R3 Mr.P.S.

ORDER

(Order of the Court was made by SATISH K.AGNIHOTRI, J.) Mr.G.Anantharangan, learned Standing Counsel, takes notice for the respondents 1 and 2. Mr.J.Raja Srinivas, learned Standing Counsel, takes notice for the third respondent.

Mr.P.S.Sivashanmugasundaram, learned Special Government Pleader, takes notice for the fourth respondent. With the consent of the learned Counsel on either side, the writ petition is taken up for final disposal at the admission stage itself. 2.The grievance of the petitioner is that the petitioner has filed an appeal under Section 80-A of the Tamil Nadu Town and Country Planning Act, 1971 (for short "The Act") before the fourth respondent on 16.2.2015, against the order of locking, sealing and demolition notice dated 25.11.2014, passed by the second respondent and till now, no order has been passed in the said appeal. 3.Since the appeal, as stated above, is still pending, this writ petition cannot be entertained. However, the fourth respondent is directed to consider the petitioner's appeal dated 16.2.2015, and pass orders on merits and in accordance with law, within the statutory period.

Along with the appeal before the fourth respondent, as stay petition is also pending, which is maintainable under Section 80-A (3) of the Act, the fourth respondent is directed to pass orders in the stay petition, within a period of two weeks from today. Till orders are passed in the stay petition i.e., for two weeks, status-quo as obtained today, shall be maintained by both the parties.

4.The writ petition is disposed of with the above direction. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar Dated:11.3.15 True Copy Sub Assistant Registrar To:

1.The Commissioner Corporation of Chennai Ripon Buildings Chennai 600 003 2.The Executive Officer Zone V Corporation of Chennai O/o. Regional Deputy Commissioner (North) Basin Bridge Road Chennai 600 021

3.The Member-Secretary Chennai Metropolitan Development Authority No.1, Gandhi-Irwin Road Egmore, Chennai 600 008 4.The Secretary to Government Housing and Urban Development Department Fort St. George, Chennai 600 009.

+1 cc to Mr.L.Chandrakumar, Advocate,SR.11486 +1 cc to Mr.G.Anantharangan, Advocate,SR.11495 +1 cc to Government Pleader,SR.11670 +1 cc to Mr.K.Raja Srinivasan, Advocate,SR.11693. tm(co) krd 12/3 W.P.No.5589 of 2015