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Madras High CourtWP/26715/2016disposed of

M.Sheik Ameer, v. The Secretary,

2016-11-10Honourable The Chief Justice,Honourable Mr Justice R. Mahadevan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.11.2016

CORAM

The HON'BLE MR.SANJAY KISHAN KAUL, CHIEF JUSTICE AND The HON'BLE MR.JUSTICE R.MAHADEVAN W.P.No.26715 of 2016 M.Sheik Ameer .. Petitioner Vs

1. The Secretary Government of Tamil Nadu Housing and Urban Development, Fort St.George, Chennai 600009.

2.The Commissioner Tiruppur Municipal Corporation Kumaran Road, State Highway 169, Novyal, Tirupur.

3.The Assistant Commissioner Tiruppur Municipal Corporation Kumaran Road, State Highway 169, Novyal, Tirupur.

4.The Executive Engineer (North) Tiruppur Municipal Corporation, Tiruppur.

5.The Engineer for Tiruppur Township, Tiruppur Municipal Corporation, Kumaran Road, State Highway 169, Novyal, Tiruppur.

6.The Chief Executive Officer, Tamil Nadu Wakf Board, No.1, Vallal Seethakathi Nagar, Chennai 600001.

.. Respondents PRAYER: Petition under Article 226 of the Constitution of India for issuance of a writ of Mandamus, to direct the respondents to consider the petitioner's review petition at 28.07.2016 filed under Section 80-A of the Tamil Nadu Town and Country Planning Act 1971, before the 2nd respondent.

For Petitioner : Ms.P.T.Asha for Mr.Hussain Afroze for M/s.T.Velumani For Respondents : Mr.T.N.Rajagopalan Spl. Government Pleader for R.1 Mr.P.Shanthi for R.2 R3 and R4 NA

ORDER

(Order of the Court was made by the Hon'ble Chief Justice) The appeal of the petitioner already filed under Section 80A of the Tamil Nadu Town and Country Planning Act, 1971 on 28.07.2016 is pending along with the stay application.

2. It is for the authority to take up both the stay application and the appeal and we see no reason to interfere under Article 226 of the Constitution of India.

3. The status quo order would continue for a period of 15 days to enable necessary orders to be passed on the stay application of the petitioner, making it clear that it has no reflection on the merits of the controversy.

4. The appeal should also be finally disposed of within a maximum period of three months from today.

5. The writ petition accordingly stands disposed of, leaving the parties to bear their own costs.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar

ksr To

1. The Secretary,Government of Tamil Nadu Housing and Urban Development, Fort St.George, Chennai 600009.

2.The Commissioner,Tiruppur Municipal Corporation Kumaran Road, State Highway 169, Novyal, Tirupur. 3.The Assistant Commissioner,Tiruppur Municipal Corporation Kumaran Road, State Highway 169, Novyal, Tirupur. 4.The Executive Engineer (North), Tiruppur Municipal Corporation, Tiruppur.

5.The Engineer for Tiruppur Township, Tiruppur Municipal Corporation, Kumaran Road, State Highway 169, Novyal, Tiruppur.

6.The Chief Executive Officer, Tamil Nadu Wakf Board, No.1, Vallal Seethakathi Nagar, Chennai 600001. +1cc to Mr.Shanthi, Advocate, S.R.No.64860 +1cc to the Government Pleader, S.R.No.64982 mg(CO) md(24/11/2016) W.P.No.26715 of 2016