A.Kumarasamy, v. The Additional Chief Secretary To Government Of
THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 28.05.2025 CORAM :
The Hon'ble MR.JUSTICE SENTHILKUMAR RAMAMOORTHY and The Hon'ble MRS.JUSTICE T.V.THAMILSELVI and W.M.P.No.21626 of 2025 A.Kumarasamy .. Petitioner -vs1. The Additional Chief Secretary to Government of Tamil Nadu, O/o. Housing and Urban Development Department, Secretariat, Chennai 600 009.
2. The Assistant/Joint Director of Town and Country Planning, Town and Country Planning office, FCI Road, Gandhinagar, Ganapathy, Coimbatore 641 004.
3. The Commissioner, Pollachi Municipality, Pollachi, Coimbatore District 642 001.
.. Respondents
Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus to direct the 1st respondent to dispose of the Special Revision Petition filed under Sections 80A and 80A(3) of the Town and Country Planning Act, 1971 by the petitioner dated 09.04.2025 on giving personal hearing to the petitioner.
For Petitioner :
Mr.K.V.Muthuvisakan For Respondents :
Mr.P.Balathandhayutham Spl. Govt. Pleader for RR 1 and 2 :
Mr.B.Anand for R-3 * * * * *
ORDER
(Order of the Court was made by Senthilkumar Ramamoorthy, J.) By this petition, the petitioner seeks a direction to the first respondent to dispose of the Special Revision Petition filed under Section 80-A of the Tamil Nadu Town and Country Planning Act, 1971.
2. Mr.P.Baladhandhayutham, learned Special Government Pleader, accepts notice for first and second respondents and Mr.B.Anand, learned counsel, accepts notice for the third respondent.
3. The petitioner-firm states that it proceeded with construction after obtaining plan sanction on 29.01.2010. It is further stated that an application for regularisation was filed thereafter. Since a lock and seal notice was issued on 09.01.2024, it is stated that the petitioner filed a special revision petition on 09.04.2025 under Section 80-A of the Act. It is also stated that a stay application was filed along with such petition.
4. Learned Special Government Pleader submits that the special revision petition would be considered and disposed of on merits, within eight weeks. He also submits that the stay application would be considered and disposed of within a reasonable time, if fixed by this Court.
5. The petitioner has placed on record the special revision petition dated 09.04.2025 along with the acknowledgement dated 09.04.2025. The said revision petition is accompanied by a stay application under Section 80A(3) of the Act.
6. In these circumstances, without examining the merits of the petitioner's revision petition, this writ petition is disposed of on the following terms:
1) The first respondent is directed to consider and dispose of the stay application of the petitioner within thirty days from the date of receipt of a copy of this order, after providing a reasonable opportunity to the petitioner;
2) Until such time, no coercive action shall be taken against the petitioner's property, pursuant to the lock and seal notice or otherwise.
There shall be no order as to costs. Consequently, connected miscellaneous petition is closed.
(S.K.R., J.) (T.V.T.S.,J.) 28.05.2025 Index : No Website : Yes Speaking Order sra
To
1. The Additional Chief Secretary to Government of Tamil Nadu, O/o. Housing and Urban Development Department, Secretariat, Chennai 600 009.
2. The Assistant/Joint Director of Town and Country Planning, Town and Country Planning office, FCI Road, Gandhinagar, Ganapathy, Coimbatore 641 004.
3. The Commissioner, Pollachi Municipality, Pollachi, Coimbatore District 642 001.
Senthilkumar Ramamoorthy, J.
and T.V.Thamilselvi, J.
(sra) 28.05.2025