Senthamarai v. Secretary To Government

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 19.06.2025 C O R A M THE HONOURABLE MRS.JUSTICE J.NISHA BANU AND THE HONOURABLE MR.JUSTICE M.JOTHIRAMAN Mrs.Senthamarai ... Petitioner -vs1. Secretary to Government Housing and Urban Development, Secretariat, Chennai-600 009.

2. The Executive Engineer, Zone-VII, Greater Chennai Corporation, No.536, Chennai Thiruvallur Highway Road, Ambattur, Chennai- 600 053.

3. The Assistant Executive Engineer, Unit-20, Zone-VII, No.536, Chennai Thiruvallur Highway Road, Ambattur, Chennai- 600 053.

4. The Assistant Engineer, Division-93, Unit-20, Zone-VII, No.536, Chennai Thiruvallur Highway Road, Ambattur, Chennai-600 053.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, forbearing the Respondents from initiating any coercive action pursuant to the Impugned Locking and Sealing Notice No.ZONE-VII/DN-093/TPENF/743/2025 dated 02.04.2025 1/6

(served to the petitioner on 24.04.2025) under Sections 56 and 57 read with Section 85 of the Tamil Nadu Town and Country Planning Act, 1971 on the Petitioner by the Respondents till the disposal of the Special Revision Petition dated 05.05.2025 filed under Section 80(A) of the Tamil Nadu Town and Country Planning Act, 1971 with respect to the property at Door No.1/27, 1st Block, 1st Street, Mogappair East, Chennai - 600 037. For Petitioner : Mr.K.Sivasubramanian For R1 : Mr.M.Venkateswaran Spl. Govt. Pleader For R2 & R3 : Mr.D.B.R.Prabu Standing Counsel *****

O R D E R

(By J.Nisha Banu,J.) This Writ Petition has been filed to forbear the Respondents from initiating any coercive action pursuant to the Impugned Locking and Sealing Notice No.ZONE-VII/DN-093/TPENF/743/2025 dated 02.04.2025 (served to the petitioner on 24.04.2025) under Sections 56 and 57 read with Section 85 of the Tamil Nadu Town and Country Planning Act, 1971 on the Petitioner by the Respondents till the disposal of the Special Revision Petition dated 05.05.2025 filed under Section 80(A) of the Tamil Nadu Town and Country Planning Act, 1971 with respect to the property at Door No.1/27, 1st Block, 1st Street, Mogappair East, Chennai - 600 037., 2/6

challenging the order No.5989/PPA/Z(SB/S) 2024-25/1546 dated 10.06.2025 passed by the 1st respondent, by which it was proposed to demolish the unauthorized building of the petitioner on 18.06.2025 at 11.00am in compliance with the order of this Court.

2. When the matter is taken up for hearing, it is represented by the learned counsel for the petitioner that though a larger relief is sought in this petition, it would suffice, if the Special Revision Petition dated 05.05.2025 filed by the petitioner under Section 80(A) of the Tamil Nadu Town and Country Planning Act, 1971 in respect of the property in question is disposed of by the 1st respondent in a time bound manner.

3. Learned Special Government Pleader appearing for the 1st respondent stated that a reasonable time may be granted to the 1st respondent for disposal of the petition filed by the petitioner.

4. It is seen that a notice has been issued to lock and seal the premises. Fearing that coercive action may be taken by the respondent Corporation on the basis of the notice, the petitioner has filed this petition, 3/6

seeking to forbear the respondents from initiating any action against her. It is further seen that as against the impugned notice of locking and sealing, she has also filed a Special Revision Petition before the 1st respondent on 05.05.2025. Hence, we are of the view that it would be appropriate, if a direction is issued to the 1st respondent to dispose of the said Special Revision Petition within a specified period.

5. Accordingly, this Writ Petition is disposed of with a direction to the 1st respondent to take up the Special Revision Petition and pass suitable orders thereon within a period of three weeks from the date of receipt of a copy of this order. Since there is a provision of granting stay by the Government under the Tamil Nadu Town and Country Planning Act, 1971, it is for the petitioner to work out her remedy before the Appellate Authority in the manner known to law. No costs. (J.N.B.J.,) (M.J.R,J.,) 19.06.2025 Index: Yes / No Internet: Yes / No ar 4/6

To:

1. Secretary to Government Housing and Urban Development, Secretariat, Chennai-600 009.

2. The Executive Engineer, Zone-VII, Greater Chennai Corporation, No.536, Chennai Thiruvallur Highway Road, Ambattur, Chennai- 600 053.

3. The Assistant Executive Engineer, Unit-20, Zone-VII, No.536, Chennai Thiruvallur Highway Road, Ambattur, Chennai- 600 053.

4. The Assistant Engineer, Division-93, Unit-20, Zone-VII, No.536, Chennai Thiruvallur Highway Road, Ambattur, Chennai-600 053.

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J.NISHA BANU, J.

AND M.JOTHIRAMAN , J.

ar 19.06.2025 6/6