C.Naresh v. Chennai Metropolitan
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 27.07.2016
CORAM
THE HONOURABLE MR.JUSTICE HULUVADI G.RAMESH AND THE HONOURABLE MR.JUSTICE M.V.MURALIDARAN W.P.No.26200 of 2016 C.Naresh ..
Petitioner -vs1. Chennai Metropolitan Development Authority rep.by is Member Secretary No.1, Gandhi Irwin Road Egmore, Chennai 600 008
2. Government of Tamil Nadu rep.by its Secretary to Government Housing and Urban Development Department Fort St.George Chennai 600 009 ..
Respondents Petition under Article 226 of the Constitution of India, praying for the issue of a Writ of Mandamus, forbearing the 1st and 2nd respondents or any body on their behalf from initiating any coercive action of locking and sealing and demolition with regard to the building put up at Old No.68 (New No.56), Nattupillayar Koil Street, Seven Wells, Chennai 600 001 pending determination of the revision petition submitted by the petitioner under Section 80(A) and 80-A(3) of the Tamil Nadu Town and Country Planning Act dated 19.07.2016 with the 2nd respondent.
For Petitioner ::
Dr.P.Vasudevan For Respondents::
Mr.Raja Shrinivas for R1 Mrs.A.Srijayanthi Special Government Pleader for R2
ORDER
(Order of the Court was delivered by HULUVADI G.RAMESH, J.) The petitioner seeks for issuance of a writ of mandamus, forbearing the first and second respondents or any body on
their behalf from initiating any coercive action of locking and sealing and demolition with regard to the building put up at Old No.68 (New No.56), Nattupillayar Koil Street, Seven Wells, Chennai 600 001, pending determination of the revision petition submitted by the petitioner under Section 80-A(3) of the Tamil Nadu Town and Country Planning Act dated 19.07.2016 with the second respondent.
2. Heard the learned counsel for the petitioner. Mr.Raja Shrinivas, learned standing counsel is directed to take notice on behalf of the first respondent and Mrs.A.Srijayanthi, learned Special Government Pleader is directed to take notice on behalf of the second respondent.
3. It appears that the petitioner is the owner of the property situated at New No.56 (Old No.68), Nattupillayar Koil Street, Seven Wells, Chennai and has been accorded planning and building permits for the construction of stilt cum ground plus two floors. However, alleging that the entire building is an unauthorised one, proceedings have been initiated by the first respondent-authority and also a notice under Section 56 and 57 read with Section 85 of the Tamil Nadu Town and Country Planning Act has been issued to the petitioner on 9.3.2015 for locking & sealing and demolition of the premises. Aggrieved by the same, the petitioner is said to have preferred a special revision petition under Section 80-A of the Tamil Nadu Town and Country Planning Act, 1971 before the second respondent/Government and pending disposal of the same, without any opportunity of hearing, the respondents are attempting to take coercive action against the petitioner. Hence this writ petition.
4. In view of the above, it is for the second respondent/Government to consider the special revision petition filed by the petitioner under Section 80-A of the Tamil Nadu Town and Country Planning Act and to take a decision in accordance with law after hearing the petitioner as well permitting him to submit a detailed representation and thereafter to pass necessary orders within a period of two months from the date of receipt of a copy of this order. Till then, the respondents shall not take any coercive action against the petitioner. With this direction, the writ petition stands disposed of. Consequently, W.M.P.No.22466 of 2016 is closed. No costs.
Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar
ss To
1. The Secretary to Government Housing and Urban Development Department Fort St.George Chennai 600 009
2. The Member Secretary Chennai Metropolitan Development Authority No.1, Gandhi Irwin Road Egmore Chennai 600 008 1 cc to Dr.P.Vasudevan, Advocate, sr.42346 1 cc to Mr.K.Raja Srinivas, Advocate, sr.42562 W.P.No.26200 of 2016 msm co kra 16.08.2016