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Madras High CourtWP/26477/2022disposed of

A.Mathivanan v. Government Of Tamil Nadu

2022-10-10Honourable Mr Justice R. Subramanian,Honourable Mr Justice K.Kumaresh Babu7 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 10.10.2022

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN AND THE HONOURABLE MR.JUSTICE K.KUMARESH BABU and W.M.P.No.25544 of 2022 A.Mathivanan

...Petitioner

Vs.

1.Government of Tamilnadu, Represented by its Commissioner-cum-Secretary, Housing and Urban Development Department, Fort St.George, Chennai - 600 009.

2.The Commissioner, Greater Corporation of Chennai, Ripon Buildings, Chennai - 600 003.

3.The Executive Engineer, Zone V, Greater Corporation of Chennai, Ripon Buildings, Chennai - 600 003.

4.The Assistant Executive Engineer, Unit 12, Greater Corporation of Chennai, Tondiarpet, Chennai - 600 081.

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5.The Assistant Engineer, Division No.051, Greater Corporation of Chennai, Tondiarpet, Chennai - 600 081.

..Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India seeking issuance of Writ of Mandamus, directing the 1st respondent herein to consider and pass order on the appeal of the petitioner in Appeal No.8919 of 2022 within a time frame.

For Petitioner : Mr.S.Saravanakumar For Respondents : Mr.Vadivelu Deenadayalan Additional Government Pleader for R1 Mr.D.B.R.Prabhu Standing Counsel for R2 to R5

O R D E R

(Order of the Court was made by R.SUBRAMANIAN, J.) The petitioner seeks issuance of Writ of Mandamus, directing the 1st respondent herein to consider and pass orders on the appeal filed by him in Appeal No.8919 of 2022.

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2.Considering the limited scope of the Writ Petition, this Writ Petition is taken up for disposal at the admission stage itself. 3.Mr.Vadivel Deenadayalan, learned Additional Government Pleader takes notice for R1 and Mr.D.B.R.Prabhu, learned Standing Counsel takes notice for R2 to R5.

4.The grievance of the petitioner is that his Special Revision filed under Section 80-A of the Town and Country Planning Act has not been disposed of. The challenge in the Special Revision is to the lock and seal notice issued by the respondents 2 to 5.

5.Considering the fact that the proviso to Section 80-A(i) mandates a Special Revision filed under Section 80-A(i) to be disposed of within a period of three months, this Writ Petition is disposed of with a direction to the respondents to dispose of the Special Revision filed by the petitioner within a 3/7

period of three months from the date of receipt of a copy of this order. Till then, there will be not be any co-ercive steps. No costs. Consequently, connected miscellaneous petition is closed.

(R.S.M.,J.) (K.B.,J.) 10.10.2022 kkn Internet:No Index:Yes Speaking 4/7

To:- 1.The Commissioner-cum-Secretary, Government of Tamilnadu, Housing and Urban Development Department, Fort St.George, Chennai - 600 009.

2.The Commissioner, Greater Corporation of Chennai, Ripon Buildings, Chennai - 600 003.

3.The Executive Engineer, Zone V, Greater Corporation of Chennai, Ripon Buildings, Chennai - 600 003.

4.The Assistant Executive Engineer, Unit 12, Greater Corporation of Chennai, Tondiarpet, Chennai - 600 081.

5.The Assistant Engineer, Division No.051, Greater Corporation of Chennai, Tondiarpet, Chennai - 600 081.

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R.SUBRAMANIAN, J.

and K.KUMARESH BABU, J.

KKN and W.M.P.No.25544 of 2022 6/7

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