J.Ponniammal v. The Secretary,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 07.08.2019 CORAM :

The Hon'ble Mrs.VIJAYA K.TAHILRAMANI, CHIEF JUSTICE AND The Hon'ble Mr.JUSTICE M.DURAISWAMY W.P. No.23243 of 2019 and W.M.P.Nos.22934 and 22936 of 2019 1.J.Ponniammal 2.J.Balachander 3.J.Janardhanam .. Petitioners -vs1.The Secretary, Govt. of Tamil Nadu, Housing and Urban Development Dept., Secretariat, Fort St. George, Chennai 600 009.

2.The Commissioner, Corporation of Chennai, Ripon Buildings, Chennai.

3.The Executive Engineer RDC (C), Corporation of Chennai, Regional Office Central, 2nd Cross Street (East), Pulla Avenue, Shenoy Avenue, Chennai 600 030.

.. Respondents Petition filed under Article 226 of the Constitution of India praying for issue of Writ of Mandamus to direct the 1st respondent to dispose of the stay petition filed on 03.03.2016 under Section 80-A(3) of the Tamil Nadu Town and Country Planning Act, in respect of the property at Door No.175/61, Mettu Street, Aynavaram, Chennai 600 023, along with the appeal filed under Section 80-A of the Tamil Nadu Town and Country Planning Act, against the order of the 2nd respondent dated 30.07.2012, in No.DN/98/174/2012.

For Petitioner :

Mr.N.C.Ashok Kumar For Respondents :

Mr.S.Kamalesh Kannan Govt. Advocate for R-1 :

Dr.C.Ravichandran Stdg. Counsel for RR 2 and 3 * * * * *

O R D E R

(Order of the Court was made by The Hon'ble Chief Justice) Heard Mr.N.C.Ashok Kumar, learned counsel for the petitioner, Mr.S.Kamalesh Kannan, learned Government Advocate, for respondent no.1 and Dr.C.Ravichandran, learned Standing Counsel for respondent nos.2 and 3.

2.The learned counsel for the petitioner states that he is restricting his prayer to the effect that the appeal filed by the petitioner before respondent no.1 be disposed of expeditiously.

3.The record shows that earlier, the petitioner has preferred appeal under Section 80-A of the Tamil Nadu Town and Country Planning Act, 1971. The said appeal was disposed of by order dated 22.04.2015. Thereafter, the petitioner preferred the second appeal for re-hearing the appeal filed by him earlier. 4.However, the learned counsel for the petitioner states that the second appeal filed by him be treated as a review petition as per Section 81 of the said Act and the authorities be directed to dispose of the same expeditiously. 5.In view of the limited prayer made by the learned counsel for the petitioner, without going into the merits of the matter, we direct the respondent no.1 to treat the present appeal filed by the petitioner as review petition under Section 81 of the Act and dispose of the same as expeditiously as possible.

With the above observation, the writ petition is disposed of. No costs. Consequently, W.M.P.Nos.22934 and 22936 of 2019 are closed.

Sd/- Assistant Registrar (CS-VI) //True Copy// Sub Assistant Registrar sra 1.The Secretary, Govt. of Tamil Nadu, Housing and Urban Development Dept., Secretariat, Fort St. George, Chennai 600 009.

2.The Commissioner, Corporation of Chennai, Ripon Buildings, Chennai.

3.The Executive Engineer RDC (C), Corporation of Chennai, Regional Office Central, 2nd Cross Street (East), Pulla Avenue, Shenoy Avenue, Chennai 600 030.

+1cc to Mr.C.Jagadish Advocate, S.R.No.67867 +1cc to Mr.Dr.C.Ravichandran Advocate, S.R.No.67452 +1cc to the Government Pleader, S.R.No.68051 PA(CO) CB(06/09/2019) W.P.No.23243 of 2019