Ms.Vishnu Cars Private Limited, v. The Principal Secretary

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.07.2024 CORAM :

THE HONOURABLE MR. JUSTICE S.S. SUNDAR AND THE HONOURABLE MR. JUSTICE N. SENTHILKUMAR and W.M.P.Nos.21944 & 21945 of 2024 M/s.Vishnu Cars Private Limited, Represented by its Director, K.Venkata Raju, having office at No.31/A, N.P.Jawaharlal Salai, Ekkaduthangal, Chennai - 600 032.

... Petitioner Vs.

1.The Principal Secretary, The Housing and Urban Development Authority, Secretariat Complex, Fort St. George, Chennai - 600 009.

2.Chennai Metropolitan Development Authority, Thalamuthu Natarajan House, No.01, Gandhi Irvin Road, Ansari Estate, Egmore, Chennai - 600 008.

3.The Member Secretary, Town and Country Planning, Thalamuthu Natarajan House No.01, Gandhi Irvin Road, Ansari Estate, Egmore, Chennai - 600 008.

4.P.S.Chezhiyan 5.T.N.Padmini ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus calling for the records of the 2nd respondent relating to the letter under Lr.No.EC/C-II/7264/2020-2 dated 07.06.2024 and quash the same and thereby, direct the 1st respondent to decide the appeal filed by the petitioner within the time frame as may be prescribed by this Court.

For Petitioner :

Mr.P.Subba Reddy For R1 :

Mr.M.R.Gokul Krishnan Additional Government Pleader For R2 and R3 :

Mr.R.Thamaraiselvan Standing Counsel

O R D E R

(Order of the Court was made by S.S. SUNDAR, J.) The petitioner challenges the impugned order dated 07.06.2024 under Section 56(1) of the Tamil Nadu Town and Country Planning Act, 1971, directing the petitioner to demolish the unauthorised portion of the building. 2.Learned counsel appearing for the petitioner states that the petitioner has also filed a statutory revision as against the order impugned, before the 1st respondent, under Section 80-A of the Tamil Nadu Town and Country Planning Act. His further request is that, till such time the statutory revision is disposed of by the 1st respondent, the respondents may be directed not to take any coercive action. Learned counsel appearing for the contesting respondents have no serious objections.

3.Hence, without expressing any opinion on the merits of the petitioner's contentions, the 1st respondent is directed to consider the statutory special revision filed by the petitioner under Section 80-A of the Tamil Nadu Town and Country Planning Act, on merits and in accordance

with law, within a period of 16 weeks from the date of receipt of a copy of this order. Till such time the statutory revision is disposed of on merits and the decision is communicated to the petitioner, the respondents are directed to maintain status quo.

4.With these directions, this writ petition is disposed of. No costs. Consequently, connected miscellaneous petitions are closed. (S.S.S.R., J.) (N.S., J.) 18.07.2024 mkn Internet : Yes Index : Yes / No To 1.The Principal Secretary, The Housing and Urban Development Authority, Secretariat Complex, Fort St. George, Chennai - 600 009. 2.The Chennai Metropolitan Development Authority, Thalamuthu Natarajan House, No.01, Gandhi Irvin Road, Ansari Estate, Egmore, Chennai - 600 008.

3.The Member Secretary,

Town and Country Planning, Thalamuthu Natarajan House No.01, Gandhi Irvin Road, Ansari Estate, Egmore, Chennai - 600 008.

S.S. SUNDAR , J.

and

N. SENTHILKUMAR, J.

mkn 18.07.2024