S.Vasuki v. State Of Tamilnadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 04.03.2015

CORAM:

THE HON'BLE MR. JUSTICE SATISH K. AGNIHOTRI and THE HON'BLE MR. JUSTICE M. VENUGOPAL W.P. No.5823 of 2015 and M.P. No.1 of 2015 S. Vasuki ... Petitioner Vs.

1.

State of Tamil Nadu represented by its Secretary to Government Housing and Urban Development Department Secretariat Chennai 600 009 2.

Chennai Metropolitan Development Authority represented by its Member Secretary and Chief Executive Officer No.1, Gandhi Irwin Road Egmore, Chennai 600 008 ... Respondents Writ Petition filed under Article 226 of the Constitution of India seeking a writ of mandamus forbearing the second respondent, his men and agents from, in any manner, interfering with the petitioner's peaceful possession and enjoyment of the house, ground and premises bearing Door No.199, Old No.104 and previous No.69, Purasaiwalkam High Road, Chennai - 7 and Nos.17 and 18, Grama Street, Purasaiwalkam High Road, comprised in Old S.No.685, present R.S. No.277, Block No.9, Purasaiwalkam Division, Purasaiwalkam-Perambur Taluk, Old Patta No. 170/62-63 dated 17.08.1962, measuring about 2,757 sq. ft. pursuant to the locking and sealing and demolition notice vide No.EN1/17907/2014 dated 30.01.2015 issued by the second respondent, pending decision in the Appeal dated 23.02.2015 filed under Section 80-A of the Tamil Nadu Town and Country Planning Act, 1971, on the file of the first respondent.

For petitioner : Mr. K. Premkumar For R1 : Mr. P.S. Sivashanmugasundaram Special Government Pleader For R2 : Mr. J. Raja Srinivas

ORDER

(Order of the Court was made SATISH K. AGNIHOTRI, J.) Feeling aggrieved by the notice dated 30.01.2015 issued by the second 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 petitioner has preferred an appeal under Section 80-A of the Act before the first respondent-Government, with an application for interim relief, on 23.02.2015. Without waiting for a reasonable time, the petitioner has rushed to this Court with the instant writ petition on 03.03.2015, seeking a direction to the Appellate Authority to dispose of the appeal, expeditiously. 2.At this stage, it is better to point out certain provisions of law under which an appeal is to be decided.

The second proviso to Section 80-A of the Act prescribes that the application for revision/appeal filed under Section 80-A of the Act shall be disposed of by the Government within 90 days from the date of receipt of the application. Grant of 90 days time to dispose of the appeal is certainly with some object, perhaps, to obtain views of the authorities and also to provide an opportunity of hearing to all the parties concerned. In that process, 90 days time may be required to render justice between the parties.

3.Now, the petitioner has come up with the instant writ petition within 10 days from the date of preferring the appeal, seeking a mandamus which is normally issued against an authority for non-action or inaction or against wrong action. Certainly, this is not a case where issue of non-action, wrong action or inaction has arisen, as, the Appellate Authority has not been given an opportunity to take action, within the reasonable time. Thus, this writ petition for issuance of a writ of mandamus is not maintainable, at this stage. 4.We deprecate this practice of rushing to the Writ Court invoking the extra-ordinary jurisdiction of the High Court under Article 226 of the Constitution of India, without waiting for a decision within the prescribed statutory period. This practice is tantamount to abuse of judicial process.

5.It is also brought to our notice that an application for interim relief has also been filed under Section 80-A(3) of the Act. We expect that the authorities will consider the application for interim relief, at the earliest, preferably within a period of two weeks, whenever an application for interim relief is filed along with the memorandum of appeal.

6.In view of the foregoing, status quo, in respect of the property in question, as obtained today, shall be maintained for a period of two weeks from today.

7.The writ petition stands disposed of, with the above observation. No costs. Connected Miscellaneous Petition is closed. Sd/- Asst. Registrar /true copy/ CAD Sub Asst. Registrar. TO 1.

The Secretary to Government Housing and Urban Development Department Government of Tamil Nadu Secretariat Chennai 600 009 2.

The Member Secretary and Chief Executive Officer Chennai Metropolitan Development Authority No.1, Gandhi Irwin Road Egmore, Chennai 600 008 +1cc to M/s.K.Premkumar, Advocate, S.R.No.11896 +1cc to M/s.K.Raja Srinivas, Advocate, S.R.No.12382 +1cc to the Government Pleader, S.R.No.12161 W.P. No.5823 of 2015 CA(CO) and M.P.No.1 of 2015 CA(11/03/2015)