Mr.P.Ct.P.Chidambaram v. The Secretary To Government
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 29.07.2016
CORAM
THE HONOURABLE MR.JUSTICE HULUVADI G. RAMESH and THE HONOURABLE MR.JUSTICE M.V.MURALIDARAN Writ Petition No.26508 of 2016 and WMP.No.22718 of 2016 ---- P.CT.P.Chidambaram Rep. By his Power Agent K.Sayee Sundar
...Petitioner
Vs.
1.The Secretary to Government Housing and Urban Development Secretariat, Chennai-600 009 2.Regional Deputy Commissioner (South) Enforcement Cell, Chennai Corporation, Adyar, Chennai-20 3.The Executive Engineer TP (Enforcement) South Chennai Corporation, Adyar Chennai-20 4.Assistant Executive Engineer Unit 38, Chennai Corporation Adyar, Chennai-600 020 5.Junior Engineer Division 176, Chennai Corporation Adyar, Chennai-600 020
...Respondents
Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus to call for the records of the 2nd respondent in impugned Notice No.675/2015 dated 08.06.2016 and quash the same and to forbear the respondent 2 to 5 from interfering with the petitioner's peaceful possession and enjoyment of the premises bearing New Door No.41, Old Door No.23, Parameshwari Nagar, 1st street, Adayar, Chennai-600 020.
For Petitioner : Mr.B.Vijay For Respondents : Mr.A.Nagarajan, for R2 to R5 Mrs.A.Srijayanthi, Spl.Govt.Pleader for R1
O R D E R
(Order of the Court was made by HULUVADI G. RAMESH,J.) Heard Mr.B.Vijay, learned counsel for the petitioner, Mr.A.Nagarajan, learned Standing Counsel for Respondents 2 to 5 and Mrs.A.Srijayanthi, learned Special Government Pleader, who accepts notice for the 1st respondent.
2. Challenging the impugned Notice dated 08.06.2016 passed by the 3rd respondent, this writ petition is filed seeking to quash the same and to forbear the respondent 2 to 5 from interfering with the petitioner's peaceful possession and enjoyment of the premises bearing New Door No.41, Old Door No.23, Parameshwari Nagar, 1st street, Adayar, Chennai-600 020.
3. It is averred in the Writ Petition that the petitioner herein is the Power Agent with regard to the above said property and as per the instruction of Principal, he developed the said property; that the respondent has initiated action under Section 56 & 57 read with Section 85 of the Tamil Nadu Town and Country Planning Act, alleging that there is minor deviation in construction and invoked power under Section 56 & 57 of the Act for lock and sealing and demolition of the flats. It is further averred that by the impugned notice dated 08.06.2016 the 3nd respondent, by mentioning set backs and floor violations, called upon the petitioner to restore the building to its condition before the said construction took place with in 30 days. It is stated that the petitioner preferred Appeal under Section 80-A of the Act and the same is pending.
4. The learned Special Government Pleader appearing for Respondent No.1, who was directed to take notice, submits that two months time may be given to pass necessary orders in the Appeal filed under Section 80A of the Act.
5. In the light of the said submission, we direct the 1st respondent to consider the Appeal dated 06.07.2016 preferred by the petitioner, and pass necessary orders in accordance with law within a period of two months from the date of receipt of a copy of this order. Till the disposal of the said appeal, the respondents shall not take any coercive steps against the petitioner.
6. The Writ Petition is disposed of with the above direction. No costs. Consequently, connected WMP.22718 of 2016 is closed.
-s/d- Assistant Registrar True Copy Sub-Assistant Registrar nvsri To 1.The Secretary to Government Housing and Urban Development Secretariat, Chennai-600 009 2.Regional Deputy Commissioner (South) Enforcement Cell, Chennai Corporation, Adyar, Chennai-20 3.The Executive Engineer TP (Enforcement) South Chennai Corporation, Adyar Chennai-20 4.Assistant Executive Engineer Unit 38, Chennai Corporation Adyar, Chennai-600 020 5.Junior Engineer Division 176, Chennai Corporation Adyar, Chennai-600 020 +1 cc to Mr.A.Nagarajan Advocate sr43046 +1 cc to M/s.B.Vijay Advocate sr 47240 W.P.No.26508 of 2016 aa29/08/2016