A.Sahabudeen v. The Commissioner
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATE : 06.12.2021
CORAM
THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM AND THE HONOURABLE MR.JUSTICE V.SIVAGNANAM W.P.No.22357 of 2021 and W.M.P.Nos.23600 & 23617 of 2021 A.Sahabudeen
...Petitioner
-vs1. The Commissioner Greater Chennai Corporation Rippon Building Chennai - 600 009.
2. The Assistant Engineer DIV Zone 5 056 Greater Chennai Corporation Chennai.
3. The Assistant Executive Engineer Zone 5, Unit 13 Greater Chennai Corporation Chennai.
4. The Executie Engineer Zone 5 Greater Chennai Corporation Chennai.
5. Additional Secretary Housing and Urban Development Department Secretariat, Chennai - 9.
6. Nazeer Ahamed
...Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus, to call for the entire records of the respondents 1 to 3 in their letter No.05/04325/2021 dated 23.09.2021 in issuing de-occupation notice to the petitioner and quash the same and consequently forbearing the respondents from in any manner
interfering in the peaceful possession and enjoyment of the petitioners property at Door No.18/60, Malayappan Street, Muthaiyalpet, Chennai - 600 001.
For petitioner : Mrs.P.Bagyalakshmi For respondents: Mr.K.Raja Srinivas Senior Standing Counsel for RR1 to 4 Mr.K.V.Sajeev Kumar Special Government Pleader for R5
ORDER
(Order of the Court was made by K.KALYANASUNDARAM, J.,) The notice issued by the respondents 2 to 4 under Section 56 Sub Section 2 (A) and 57 read with Section 85 of the Tamil Nadu Town and Country Planning Act, dated 23.09.2021, is under challenge in this writ petition.
2.Heard, Mrs.P.Bagyalakshmi, learned counsel for the petitioner; Mr.K.Raja Srinivas, learned Senior Standing Counsel appearing for the respondents 1 to 4; Mr.K.V.Sajeev Kumar, learned Special Government Pleader appearing for the 5th respondent.
3.The learned counsel for the petitioner would argue that the impugned notice has been issued on the basis of the lock and seal notice dated 14.10.2016. According to the learned counsel, deviation mentioned in the lock and seal notice is only minor and the deviations have been rectified. It is also submitted that the petitioner was not issued with lock and seal notice and the earlier notice was issued to the vendor of the petitioner. 4.The learned Senior Standing Counsel appearing for the respondents 1 to 4 would submit that the lock and seal notice issued to the petitioner's vendor dated 14.10.2016 was challenged before the Government and due to which there was a delay in issuing the notice impugned in this writ petition. 5.
In the instant case, it is an admitted fact that the building is being used by the petitioner for residential purpose and in the counter filed by the respondents 1 to 4 they have pointed out minor deviations. Therefore, we hereby direct the petitioner to file a special revision under Section 80A of the Tamil Nadu Town and Country Planning Act, before the Government, within a period of four weeks from the date of receipt of a copy of this order and on such compliance, the Government shall dispose of the same, on merits and in accordance with law.
such time, the respondents shall not take any coercive action. 6.With the above directions, this writ petition stands disposed of. No costs. Consequently, connected miscellaneous petitions are closed.
Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar Jer To
1. The Commissioner Greater Chennai Corporation Rippon Building Chennai - 600 009.
2. The Assistant Engineer DIV Zone 5 056 Greater Chennai Corporation Chennai.
3. The Assistant Executive Engineer Zone 5, Unit 13 Greater Chennai Corporation Chennai.
4. The Executie Engineer Zone 5, Greater Chennai Corporation Chennai.
5. Additional Secretary Housing and Urban Development Department Secretariat, Chennai - 9.
+1cc to M/s.K.Rajasrinivas, Advocate, S.R.No.64238 +1cc to the Government Pleader, S.R.No.64791 W.P.No.22357 of 2021 and W.M.P.Nos.23600 & 23617 of 2021 KSM(CO) RGA(11/01/2022)