Shoby Anto v. State Of Tamil Nadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 29.07.2024 CORAM :

THE HONOURABLE MR. JUSTICE S.S. SUNDAR AND THE HONOURABLE MR. JUSTICE N. SENTHILKUMAR and W.M.P.No.23018 of 2024 Shoby Anto ... Petitioner Vs.

1.State of Tamil Nadu, Represented by its Secretary to Government, Housing and Urban Development Department, Fort St. George, Secretariat, Chennai - 600 009.

2.The Commissioner cum Member Secretary, Local Planning Authority, Pollachi.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus forbearing the respondents, their men, servants or agents or anyone claiming under them from in any manner initiating any action or locking and sealing of the premises of the petitioner

at No.32/2, Venkatesh Colony II, Pollachi, pursuant to the final notice dated 10.01.2024 in Proc.Na.Ka.No.212/2021/F-1-56 of the 2nd respondent herein, pending disposal of the appeal filed under Section 80-A of the Tamil Nadu Town and Country Planning Act, 1971, before the 1st respondent herein. For Petitioner :

Mrs.A.L.Gandhimathi Senior Counsel for Mr.L.Palani Muthu For R1 :

Mr.M.R.Gokul Krishnan Additional Government Pleader For R2 :

Mr.B.Anand Standing Counsel

O R D E R

(Order of the Court was made by S.S. SUNDAR, J.) This writ petition is filed for issuance of a Writ of Mandamus forbearing the respondents from taking any coercive steps pursuant to the final notice dated 10.01.2024, pending disposal of petitioner's revision petition on the file of the 1st respondent.

2.As against the final notice dated 10.01.2024 which is impugned in

the present writ petition, the petitioner states that a statutory revision under Section 80-A of the Tamil Nadu Town and Country Planning Act, 1971, is preferred by the petitioner, before the 1st respondent. The apprehension of the petitioner is that the respondents are likely to take coercive enforcement action pursuant to the notice dated 10.01.2024 against the petitioner herein, pending disposal of the statutory revision. Hence, the learned Senior Counsel appearing for the petitioner prays for an order directing the respondents to maintain status quo till the disposal of the statutory revision filed by the petitioner.

3.This Court, in similar circumstances, have passed orders for early disposal of the revision by the Government and to maintain status quo in the meanwhile. Having regard to the consistent view taken by this Court, we are inclined to issue the following directions : i. The 1st respondent is directed to consider and dispose of the statutory revision, stated to have been filed by the petitioner, under Section 80-A of the Tamil Nadu Town and Country Planning Act, 1971, and pass appropriate orders on merits and in accordance with law, after

affording an opportunity of personal hearing to the petitioner, within a period of 16 weeks from the date of receipt of a copy of this order, and communicate the same to the petitioner.

ii. Till such time the petitioner's revision petition is disposed of by the 1st respondent on merits and the order is communicated to the petitioner, the respondents are directed to maintain status quo. 4.With these directions, this writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed. (S.S.S.R., J.) (N.S., J.) 29.07.2024 mkn Internet : Yes Index : Yes / No

To 1.The Secretary to Government, State of Tamil Nadu, Housing and Urban Development Department, Fort St. George, Secretariat, Chennai - 600 009.

2.The Commissioner cum Member Secretary, Local Planning Authority, Pollachi.

S.S. SUNDAR , J.

and N. SENTHILKUMAR, J.

mkn

29.07.2024