R.Ramesh v. State Of Tamil Nadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 30.07.2019 CORAM :

The Hon'ble Mrs.VIJAYA K.TAHILRAMANI, CHIEF JUSTICE AND The Hon'ble Mr.JUSTICE M.DURAISWAMY W.P. No.22384 of 2019 and W.M.P.No.21716 of 2019 R.Ramesh .. Petitioner -vs1.State of Tamil Nadu, Rep. by its Secretary, Housing and Urban Development Dept., Fort St. George, Chennai 600 009.

2.The Commissioner, Greater Chennai Corporation, Ripon Building, Chennai 600 003.

3.The Executive Engineer, Zone-VI, Greater Chennai Corporation, No.5, Anderson Road, Ayanavaram, Chennai 600 023.

.. Respondents Petition filed under Article 226 of the Constitution of India praying for issue of Writ of Mandamus to direct the 1st respondent to dispose of the petitioner's appeal dated 19.07.2019 and direct the 2nd respondent to dispose of the petitioner's revised planning permission application dated 22.07.2019 in referrence No.COC/10475/19 and Unique COC/624468163 pertaining to the petitioner's property bearing at Old Door No.5, New No.15, Block No.28, Survey No.R.S.No.38, Neelam Garden 2nd Street, Perambur, Chennai 600 011. For Petitioner :

Mr.S.Thangasivan For Respondents :

Mr.S.Kamalesh Kannan Govt. Advocate for R-1 :

Dr.C.Ravichandran Stdg. Counssel for RR 2 and 3

* * * * *

O R D E R

(Order of the Court was made by The Hon'ble Chief Justice) Heard Mr.S.Thangasivan, learned counsel for the petitioner, Mr.S.Kamalesh Kannan, learned Government Advocate, who takes notice for respondent no.1 and Dr.C.Ravichandran, learned Standing Counsel, who takes notice on behalf of respondent nos.2 and 3.

2.The case of the petitioner is that a locking and sealing and demolition notice dated 20.06.2019 was issued to him under Section 57 read with 85 of the Tamil Nadu Town and Country Planning Act, 1971. The notice pertains to the petitioner's property situated at No.5, Neels garden 2nd street, Perambur, Chennai-600 011. The case of the petitioner is that being aggrieved by the said notice, he preferred an appeal on 19.07.2019 under Section 80-A of the said Act and the limited prayer of the petitioner is that his appeal be disposed of at the earliest. There are some other prayers also made by the petitioner, however, the same can be considered only after the appeal of the petitioner is decided in his favour. 3.In view of the prayer made by the petitioner that his appeal be disposed of, we direct the respondent no.

1, who is the competent authority, to dispose of the appeal of the petitioner as expeditiously as possible. If the petitioner prefers an application for stay in the said appeal, the said application to be disposed of within two weeks from the date of receipt of the application for stay.

The writ petition is disposed of with the above observation. No costs. Consequently, W.M.P.No.21716 of 2019 is closed. Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar sra

To 1.The Secretary to Govt. of Tamil Nadu, Housing and Urban Development Dept., Fort St. George, Chennai 600 009.

2.The Commissioner, Greater Chennai Corporation, Ripon Building, Chennai 600 003.

3.The Executive Engineer, Zone-VI, Greater Chennai Corporation, No.5, Anderson Road, Ayanavaram, Chennai 600 023.

+1cc to Government Pleader sr.65492 +2cc to Mr.S.Thangasivan, Advocate sr.65218 & 65123 W.P.No.22384 of 2019 ln(co) nr 17/09/2019