Mrs.Chandrakala, v. The State Of Tamil Nadu
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.26599 of 2016 and WMP.Nos.22789 and 22790 of 2016 ---- Chandrakala
...Petitioner
Vs.
1.The State of Tamil Nadu rep. By its Secretary to Government Housing and Urban Development Department Secretariat, St.Fort George Chennai-600 009 2.The Member Secretary Chennai Metropolitan Development Authority Thalamuthu Natarajan Building No.1, Gandhi Irwin Road Egmore, Chennai-600 008 3.The Assistant Engineer Division-124 I/C Mylapore, Chennai-600 004 4.The Asst.Executive Engineer, Unit:25 2nd Cross Street (East), Pulla Avenue Shenoy Nagar Chennai-600 030 5.The Executive Engineer TP Enforcement -Region Central 2nd Cross Street (east) Pulla Avenue 6.Viswakamal Residents'Welfare Association Rep. By its President New No.62, Old No.245, R.K.Mutt Road, Mylapore, Chennai-600 004 ...Respondents
Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondents not to take any coercive steps against the petitioner's building superstructure in Flat No.1, Ground Floor of Viswakamal Apartments, situated at New Door No.157, New Door No.62/1, Old Door No.245/1, R.K.Mutt Road, Mylapore, Chennai-600 004, comprised in R.S.No.3351, 3347/4 & 3346/13, Block No.67 of Mylapore Revenue Division, Mylapore-Triplicane Taluk, Zone-10, Now Zone-9, Division No.147 and now Division No.124 till the disposal of statutory appeal dated 22.07.2016 pending before the 1st respondent and till the order of regularization by way of reconverting existing plan in planning permit No.170/87 as per committee is issued.
For Petitioner : Mr.S.Kumaresan For Respondents : Mrs.A.Srijayanthi, Spl.G.P. For R1 Mr.K.Raja Shrinivas for R2 Mr.V.C.Selvasekaran for R3 to R5
O R D E R
(Order of the Court was made by HULUVADI G. RAMESH,J.) Heard Mr.S.Kumaresan, learned counsel for the petitioner, Mrs.A.Srijayanthi, learned Special Government Pleader, who accepts notice on behalf of the 1st respondent, Mr.K.Raja Shrinivas, learned counsel for the 2nd respondent and Mr.V.C.Selvasekaran, learned Standing counsel, accepting notice for the 3rd respondent.
2. The petitioner is the purchaser of a residential flat bearing Flat No.1 in the Ground Floor of the Apartment called as "VISWAKAMAL" situated in the above mentioned address. The 2nd respondent/CMDA issued impugned notice dated 20.02.2015 in Letter No.ESI/8834/2014 to the Manager, Syndicate Bank, who is the petitioner's vendor's tenant notifying to de-occupy the building within three days to enable the authorities to carry out further enforcement action viz., Locking & Sealing and Demolition of the unauthorized apartment under question. As against the said notice under Section 56(2) sub clause (iii) of Town and Country Planning Act 1971 and rejection order in Lr.No.Reg.MSB/C6/47246/00 dated 20.08.2014, appeal under Section 79 of the Tamil Nadu Town and Country Planning Act, 1971, has been filed by the petitioner, before the 1st respondent. The present Writ Petition is filed praying for a direction to the respondent not to take any coercive steps against the petitioner building, pending disposal of statutory appeal dated 22.07.2016.
3. Learned counsel for the petitioner submits that the 1st respondent may be directed to dispose of the appeal filed under Section 79 of the Act.
4. Mrs.A.Srijayanthi, learned Special Government Pleader, accepting notice for the 1st respondent submits that 2 months time may be given to the 1st respondent to dispose of the appeal under Section 79 of the Act, filed by the Petitioner.
5. Considering all the facts and circumstances of the case, we direct the 1st respondent to consider the appeal filed by the petitioner under Section 79 of the Act and pass necessary orders within a period of 2 months from the date of receipt of a copy of this order, after affording sufficient opportunity to the petitioner. Till such orders are passed, respondents 2 to 5 shall not take any coercive steps against the Petitioner's residential apartment.
6. The Writ Petition is disposed of with the above direction. No costs. Consequently, connected WMPs are closed. nvsri Sd/- Asst.Registrar /true copy/ Sub Asst. Registrar To
1. The Secretary to Government The State of Tamil Nadu Housing and Urban Development Department Secretariat, St.Fort George Chennai-600 009 2.The Member Secretary Chennai Metropolitan Development Authority Thalamuthu Natarajan Building No.1, Gandhi Irwin Road Egmore, Chennai-600 008 3.The Assistant Engineer Division-124 I/C Mylapore, Chennai-600 004 4.The Asst.Executive Engineer, Unit:25 2nd Cross Street (East), Pulla Avenue
5.The Executive Engineer TP Enforcement -Region Central 2nd Cross Street (east) Pulla Avenue + 5 ccs to Mr.S.Kumaresan, Advocate Sr 43044 + 1 cc to Mr.K.Raja Srinivas, Advocate Sr 43192 + 1 cc to The Govt.Pleader, Sr 43324 KR/11/8/16 W.P.No.26599 of 2016