Mrs.Muthulakshmi v. The Secretary

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18.07.2016

CORAM

THE HONOURABLE MR.JUSTICE HULUVADI G.RAMESH AND THE HONOURABLE MR.JUSTICE M.V.MURALIDARAN W.P.No.24768 of 2016 Mrs.Muthulakshmi W/o late Padmanabhan ..

Petitioner -vs1. The Secretary Housing & Urban Land Development Authority Fort St.George, Chennai 600 009

2. The Commissioner Corporation of Chennai Rippon Buildings, Chennai 600 003

3. The Executive Engineer Town Planning Enforcement-Region Central Corporation of Chennai Regional Office-Central Second Cross Street (East) Pulla Avenue, Shenoy Nagar Chennai 600 030 ..

Respondents Petition under Article 226 of the Constitution of India, praying for the issue of a Writ of Mandamus, directing the first respondent herein to consider and dispose off the said appeal filed with the first respondent on 23.6.2016 against the lock and seal order passed by the third respondent dated 6.6.2016 expeditiously and to take consequential actions. For Petitioner ::

Mr.G.Suryanarayanan For Respondents::

Mr.P.S.Sivashanmugasundaram Special Government Pleader for R1 Mr.A.Nagarajan for R2 & R3

ORDER

(Order of the Court was delivered by HULUVADI G.RAMESH, J.) Heard the learned counsel for the petitioner, learned Special Government Pleader taking notice on behalf of the State and the learned standing counsel for the Corporation.

2. The petitioner claims to be the owner of the property at Door No.10, Old No.67A, Vellala Street, Aminjikarai, Chennai 600 029 and had put up construction as per the approved plan. However, in connection with the alleged encroachment, the third respondent authority is said to have issued a notice of lock and seal under Section 56 and 57 of the Tamil Nadu Town and Country Planning Act, 1971 to the petitioner and the petitioner is also said to have preferred an appeal under Section 79 of the Tamil Nadu Town and Country Planning Act before the first respondent, which is pending consideration. According to the petitioner, she is entitled for regularisation as per the Scheme. As the said appeal has not been considered till date, she has approached this Court.

3. Considering the limited prayer sought for by the petitioner, it is for the first respondent to consider the appeal filed by the petitioner on 23.6.2016 and to take a decision in accordance with law after hearing the petitioner within a period of two months from the date of receipt of a copy of this order. Till such time the appeal is disposed of, status quo shall be maintained. The writ petition is disposed of accordingly. Consequently, W.M.P.No.21171 of 2016 is closed. No costs.

Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar To

1. The Secretary, Housing & Urban Development Department, Fort St.George, Chennai 600 009.

2. The Commissioner, Corporation of Chennai, Rippon Buildings, Chennai 600 003.

3. The Executive Engineer, Town Planning Enforcement-Region Central, Corporation of Chennai, Regional Office-Central, Second Cross Street (East), Pulla Avenue, Shenoy Nagar, Chennai 600 030 .

+1cc to Mr.A.Nagarajan, Advocate Sr.40152 +1cc to the Government Pleader Sr.40256 W.P.No.24768 of 2016 svi[co] srg 03/08/2016