A.V.Paramaguru v. The Secretary To Government Of Tamil Nadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 12.07.2023 CORAM :
THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU
1. A.V.Paramaguru
2. V.P.Geetha Rani ..
Petitioners Vs.
1. The Secretary to Government of Tamil Nadu Housing and Urban Development Department Fort St. George, Secretariat, Chennai - 600 009.
2. The Member Secretary Chennai Metropolitan Development Department Thalamuthu Natrajan Building No.1, Gandhi Irwin Road Egmore, Chennai - 600 008.
3. The Commissioner Greater Chennai Corporation Rippon Building, Chennai - 600 003.
4. The Regional Deputy Commissioner (South) Greater Chennai Corporation Nungambakkam, Chennai - 600 020.
5. Executive Engineer / Z-IX Zone 13, Greater Chennai Corporation Chennai - 600 020.
..
Respondents Prayer: Petition filed under Article 226 of the Constitution of India seeking a writ of mandamus, directing the respondents to forbear from taking any coercive action against the premises of the petitioners located at First floor bearing No:F1, F2 of the 1st petitioner and the premises at 3rd floor bearing No:T1, T2 and T4 of the second petitioner situated at Plot No.B9/A2, second Main Road, Thiruvalluvar Nagar, Thiruvanmiyur, Chennai - 600 041 pending disposal of the regularization applications submitted by the petitioners to the second respondent CMDA being acknowledged vide letter No.113C/MISC/2432/2019 dated 12.09.2019 by the second respondent under the Building Regulatization Scheme 2017 of Section 113-C of the Town and Country Planning Act 1971. For the Petitioners : Mr.G.Rajesh For the Respondents : Mr.P.Kumaresan Additional Advocate General assisted by Mrs.P.Veena Suresh for R2 Mrs.R.Anitha Special Government Pleader for R1 Mr.A.Arun Babu for R3 to R5
ORDER
(Made by the Hon'ble Chief Justice) We heard Mr.G.Rajesh, learned counsel for the petitioners, Mr.P.Kumaresan, learned Additional Advocate General assisted by Mrs.Veena Suresh, learned counsel for respondent 2, Mrs.R.Anitha, learned Special Government Pleader for respondent 1 and Mr.A.Arun Babu, learned counsel for respondents 3 to 5.
2. The Government Order relied upon by the petitioners is already set aside by this Court and now, the same is the subject matter of consideration before the Apex Court.
3. In view of that, directions sought by the petitioners cannot be given. After the Apex Court decides the matter, the parties are at liberty to take further steps.
4. With these observations, the writ petition is disposed of. There will be no order as to costs. Consequently, W.M.P.Nos.25038 & 25045 of 2021 is closed.
(S.V.G., CJ.) (P.D.A., J.) 12.07.2023 Index :
Yes/No :
Yes/No drm
To
1. The Secretary to Government of Tamil Nadu Housing and Urban Development Department Fort St. George, Secretariat, Chennai - 600 009.
2. The Member Secretary Chennai Metropolitan Development Department Thalamuthu Natrajan Building No.1, Gandhi Irwin Road Egmore, Chennai - 600 008.
3. The Commissioner Greater Chennai Corporation Rippon Building, Chennai - 600 003.
4. The Regional Deputy Commissioner (South) Greater Chennai Corporation Nungambakkam, Chennai - 600 020.
5. Executive Engineer / Z-IX Zone 13, Greater Chennai Corporation Chennai - 600 020.
THE HON'BLE CHIEF JUSTICE AND P.D.AUDIKESAVALU, J.
(drm) W.P.No .23782 of 2021 12.07.2023