M/S.Mangalam Foundations v. The Government Of Tamilnadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 26.8.2016

CORAM

THE HONOURABLE MR.JUSTICE HULUVADI G.RAMESH AND THE HONOURABLE MR.JUSTICE M.V.MURALIDARAN W.P.No.27040 of 2016 and W.M.P.No.23221 of 2016 M/s.Mangalam Foundations Rep by its Partners 1 S.Manojkumar 2 S.Sunil Petitioners

Versus

1 The Government of Tamilnadu Rep by its Secretary Housing & Urban Development Department Secretariat Fort St. George Chennai-600 009 2 The Regional Deputy Commissioner Greater Chennai Corporation O/o. Regional Deputy Commissioner(North) No.62 Basin Bridge Road Chennai-600 021 3 The Executive Engineer RDC (North Office) Zone-V Greater Chennai Corporation Chennai 4 The Assistant Executive Engineer Division-57 Unit-13 Zone-V Sowcarpet Chennai-600 001 Respondents

Prayer: Writ petition filed under Article 226 of the Constitution of India seeking issuance of a writ of mandamus forbearing the 2nd to 4th respondents from in any way interfering with the building at New No. 37 Old No.41 Veerappan Street Sowcarpet Chennai-600 001, particularly by way of De-Occupation notice and pending final determination of the appeal dated 10.06.2016 pending with the 1st respondent under section 80A of the Tamil Nadu Town and Country Planning Act 1971.

For petitioners : Mr.D.Balachandran For R1 : Mrs.A.Srijayanthi, Special Govt. Pleader For RR2 to 4 : Mr.A.Nagarajan

ORDER

(Order of the court was made by HULUVADI G.RAMESH, J.) Heard the learned counsel appearing for the parties.

2. The writ petition has been filed seeking issuance of a writ of mandamus forbearing the 2nd to 4th respondents from in any way interfering with the building at New No. 37 Old No.41 Veerappan Street Sowcarpet Chennai-600 001, particularly by way of De-Occupation notice and pending final determination of the appeal dated 10.06.2016 pending with the 1st respondent under section 80A of the Tamil Nadu Town and Country Planning Act 1971.

3. It appears that the petitioners, who claim to be the absolute owners of the building at New No.37, Old No.41, Veerappan Street, Sowcarpet, Chennai, sought permission for demolishing the existing building and to construct a new building and in the process of putting up the new construction, they received the impugned de-occupation notice dated 6.4.2016 and challenging the same, the petitioners had preferred an appeal before the first respondent which is now pending.

4. The petitioners had already filed appeal under section 80A of the Tamil Nadu Town and Country Planning Act, 1971, before the first respondent. In the circumstances, this court is of the view that it is for the first respondent to dispose of the appeal submitted by the petitioners. Accordingly, the writ

petition is disposed of directing the first respondent to dispose of the appeal filed by the petitioners, on merits and in accordance with law, within a period of two months from the date of receipt of copy of this order. No costs. The connected miscellaneous petition is closed.

s/d- Assistant Registrar True Copy Sub-Assistant Registrar ssk.

To:

1 The Secretary The Government of Tamilnadu Housing & Urban Development Department Secretariat Fort St. George Chennai-600 009 2 The Regional Deputy Commissioner Greater Chennai Corporation O/o. Regional Deputy Commissioner(North) No.62 Basin Bridge Road Chennai-600 021 3 The Executive Engineer RDC (North Office) Zone-V Greater Chennai Corporation Chennai 4 The Assistant Executive Engineer Division-57 Unit-13 Zone-V Sowcarpet Chennai-600 001 +1 cc to Mr.D.Balachandran Advocate sr 48431 +1 cc to M/s.A.Nagarajan Advocate sr 48364 +1 cc to M/s Government Pleader sr 48663 W.P.No.27040 of 2016 aa19/09/2016