Mahaveer Jain v. Government Of Tamilnadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 31.07.2019
CORAM
THE HON'BLE MRS.VIJAYA K.TAHILRAMANI, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE M.DURAISWAMY W.P.No.22239 of 2019 1 Mahaveer Jain 2 Dinesh Jain .. Petitioners Vs 1 The Government of Tamilnadu Rep. by its Secretary to Government Housing and Urban Development Department Secretariat, Chennai - 600 009.
2 The Greater Chennai Corporation Rep. by its Commissioner Ripon Building Chennai - 600 003.
3 The Executive Engineer Greater Chennai Corporation Zone-V, Division - 057 No.61, Basin Bridge Road Chennai - 600 021.
4 Sri Jain Swetamber Terapanth Trust Board Rep. by its Managing Trustee Gokul Chand Bhandari No.34 Mangappan Street Sowcarpet, Chennai - 600 079.
.. Respondents PRAYER: Petition under Article 226 of the Constitution of India seeking issuance of a writ of mandamus directing the first respondent to consider and pass order on the statutory appeal dated 16.07.2019 filed by the petitioners herein for the purpose of de-sealing and removal of lock and seal affixed on 06.07.2019 in the petitioners shop portions in the ground floor at No.34, Mangappan Street, Sowcarpet, Chennai - 600 079, expeditiously and in accordance with law, more particularly in the light of the orders of the Supreme Court in SLP Nos.5209/2018 and 5217/2018, dated 10.05.2019.
For Petitioners : Mr.D.S.Rajasekaran For Respondents : Mr.S.Kamalesh Kannan Government Advocate for 1st respondent Mr.V.C.Selvasekaran for respondents 2 and 3
ORDER
(Order of the Court was made by the Hon'ble Chief Justice) Heard Mr.D.S.Rajasekaran, learned counsel for the petitioners; Mr.S.Kamalesh Kannan, learned Government Advocate for the first respondent and Mr.V.C.Selvasekaran, learned counsel for respondents 2 and 3.
2. The case of the petitioners is that they were occupying shop portion in the ground floor at No.34, Mangappan Street, Sowcarpet, Chennai - 600 079. The said premises came to be locked and sealed on 6.7.2019. Being aggrieved by the said fact, the petitioners preferred an appeal under Section 80A of the Tamil Nadu Town and Country Planning Act, 1971 on 16.7.2019. The prayer of the petitioners is that the first respondent be directed to dispose of the appeal preferred by them as expeditiously as possible.
3. In view of the fact that the petitioners have preferred appeal on 16.7.2019, we direct the first respondent to dispose of the said appeal within a period of ten weeks from the date of receipt of a copy of this order. The writ petition is disposed of accordingly. No costs. Consequently, W.M.P.No.21521 of 2019 is closed.
Sd/- Assistant Registrar (CS-V) //True Copy// Sub Assistant Registrar sasi To:
1 The Secretary to Government Government of Tamilnadu Housing and Urban Development Department Secretariat, Chennai - 600 009.
2 The Commissioner The Greater Chennai Corporation Ripon Building Chennai - 600 003.
3 The Executive Engineer Greater Chennai Corporation Zone-V, Division - 057 No.61, Basin Bridge Road Chennai - 600 021.
+1 cc to Mr.D.S.Rajasekaran, Advocate, S.R.No.65300 +1 cc to the Government Pleader, S.R.No.65899 W.P.No.22239 of 2019 NRJK(CO) SSM(26/08/2019)