V.Purushothaman v. Government Of Tamilnadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 14.07.2023
CORAM
THE HON'BLE MRS. JUSTICE J.NISHA BANU AND THE HON'BLE MRS. JUSTICE N.MALA V.Purushothaman ... Petitioner Vs.
1.Government of Tamil Nadu Rep.by its Secretary Government Housing and Urban Development Department Fort St.George Chennai - 600 009.
2.The Assistant Executive Engineer Zone - 9 Greated Chennai Corporation Kodambakkam, Chennai - 600 024.
3.The Assistant Engineer Greater Chennai Corporation Zonal Office-IX Division - 112, Trust Puram Main Road, Kodambakkam, Chennai - 600 024.
... Respondents Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus to direct the 1st respondent to consider and pass orders on the representation dated 16.06.2023 for extension of time from the original time fixed in pursuance to the 1st respondent Letter Page 1/5
No.3561401/UD6(3)/2022-3 dated 16.03.2023 for submitting application for planning permission and also direct the 2nd respondent to forbear them from in anyway interfering with the petitioner's building situated at 83/57, Sivan Koil Street South Street, Kodambakkam, Chennai - 600 024 particularly by way of locking and sealing and or demolition of the same, pending disposal of the above main Writ Petition. For Petitioner : Mr.M.Vembadiyan For Respondents : Mr.E.Vijay Anand, Additional Government Pleader for R1 Mr.D.B.R.Prabu for RR2 & 3
O R D E R
With consent of both parties, the Writ Petition is taken up for final disposal at the admission stage itself.
2. The limited prayer sought for in this Writ Petition is for a direction to the 1st respondent to consider the petitioner's representation dated 16.06.2023, for extension of time from the original time fixed, in pursuance to the 1st respondent Letter No.3561401/UD6(3)/2022-3 dated 16.03.2023, for submitting application for planning permission.
3. According to the petitioner, since 1966, he along with his wife Page 2/5
are residing at 83/57, Sivan Koil South Street, Kodambakkam, Chennai - 600 024. Building in the above mentioned subject property was in existence for long period and the petitioner has renovated and repaired the existing structure. While so, the 2nd respondent issued lock and seal notice on 13.08.2022, under Sections 56 & 57 of the Town and Country Planning Act, 1971. Aggrieved against the same, petitioner has preferred an appeal before the 1st respondent and the same was disposed of by an order dated 16.03.2023, granting 3 months time to obtain patta and necessary approval for the said building, after rectifying the deviations. Now, the petitioner is before this Court with the above prayer.
4. In view of the limited prayer sought for by the petitioner, this Court without expressing any opinon on the merits of the claim made by the petitioner, we direct the 1st respondent to pass orders on the representation dated 16.06.2023, on merits and in accordance with law, after giving due opportunity of personal hearing to the petitioner and the parties concerned. Such exercise shall be done by the 1st respondent within a period of four weeks from the date of receipt of a copy of this order. Accordingly, the Writ Petition is disposed of. No costs. Page 3/5
(J.N.B.,J.) (N.M., J.) Index : Yes / No 14.07.2023 Internet : Yes Jer To 1.The Secretary Government of Tamil Nadu Government Housing and Urban Development Department Fort St.George Chennai - 600 009.
2.The Assistant Executive Engineer Zone - 9 Greated Chennai Corporation Kodambakkam, Chennai - 600 024.
3.The Assistant Engineer Greater Chennai Corporation Zonal Office-IX Division - 112, Trust Puram Main Road, Kodambakkam, Chennai - 600 024.
J. NISHA BANU, J.
Page 4/5
and N.MALA,J.
Jer 14.07.2023 Page 5/5