B.Devanayagi v. State Of Tamil Nadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED:
CORAM:
THE HONOURABLE MR.JUSTICE S.S.SUNDAR AND THE HONOURABLE MR.JUSTICE N.SENTHILKUMAR WMP.Nos.24112, 24114, 24115, 24118 and 24119 2024
1. B.Devanayagi Petitioner-WP.22113 of 2024
2. M.Gunasekaranmar Petitioner-WP.22115 of 2024
3. K.Nagrathinam Petitioner-WP.22117 of
4. Usha Rani Petitioner-WP.22121 of 2024
5. M/s.Karthika Enterprises, Pollachi Petitioner-WP.22124 of 2024 Vs
1. State of Tamil Nadu, by its Secretary to Government Housing and Urban Development Department, Chennai-9
2. The Commissioner Cum Member Secretary Local Planning Authority, Pollachi Respondents-All WPs Prayer:- These Writ Petitions have been filed, under Article 226 of the Constitution of India, for issuance of Writ of Mandamus to forbear the Respondents from in any manner initiating any action or locking and sealing of the respective premises of the Petitioners at No.16, Kanitha Methai Ramanujam Street, Pollachi pursuant to the final notice dated 1/6
10.01.2024 in Proc.Na.Ka.No.212/2021/F-1-62 of the 2nd Respondent and at No.92/2, New Scheme Road, Pollachi, pursuant to the final notice dated 10.01.2024 in Proc.Na.Ka.No.212/2021/F-1-18 of the 2nd Respondent and at No.40, New Scheme Road, Pollachi, pursuant to the final notice dated 10.01.2024 in Proc.Na.Ka.No.212/2021/F-1-13 of the 2nd Respondent and at No.17, Ramasamy Street, Pollachi, pursuant to the final notice dated 10.01.2024 in Proc.Na.Ka.No.212/2021/F-1-63 of the 2nd Respondent and at No.92/A, New Scheme Road, Pollachi, pursuant to the final notice dated 10.01.2024 in Proc.Na.Ka.No.212/2021/F-1-23 of the 2nd Respondent, respectively, pending disposal of the appeals filed under Section 80A of the Tamil Nadu Town and Country Planning Act before the 1st Respondent.
For Petitioners : Mr.L.Palani Muthu For Respondents : Mr.M.R.Gokul Krishnan-AGP-R1 Mr.B.Anand, Standing Counsel-R2
ORDER
(Order of the Court was made by S.S.SUNDAR, J.)
1. These Writ Petition are filed for issuance of Writ of Mandamus to forbear the Respondents from in any manner initiating any action or locking and sealing of the respective premises of the Petitioners at No.16, Kanitha Methai Ramanujam Street, Pollachi pursuant to the final notice dated 10.01.2024 in Proc.Na.Ka.No.212/2021/F-1-62 of the 2nd Respondent and at No.92/2, New Scheme Road, Pollachi, pursuant to 2/6
the final notice dated 10.01.2024 in Proc.Na.Ka.No.212/2021/F-1-18 of the 2nd Respondent and at No.40, New Scheme Road, Pollachi, pursuant to the final notice dated 10.01.2024 in Proc.Na.Ka.No.212/2021/F-1-13 of the 2nd Respondent and at No.17, Ramasamy Street, Pollachi, pursuant to the final notice dated 10.01.2024 in Proc.Na.Ka.No.212/2021/F-1-63 of the 2nd Respondent and at No.92/A, New Scheme Road, Pollachi, pursuant to the final notice dated 10.01.2024 in Proc.Na.Ka.No.212/2021/F-1-23 of the 2nd Respondent, respectively, pending disposal of the appeals filed under Section 80A of the Tamil Nadu Town and Country Planning Act before the 1st Respondent.
2. This court heard the learned counsel on either side and considered their submissions and also perused the materials placed on record.
3. As against the final notices, dated 10.01.2024, which are impugned in the present writ petitions, the Petitioners state that statutory revisions under Section 80-A of the Tamil Nadu Town and Country Planning Act, 1971, are preferred by the Petitioners, before the 1st Respondent. The apprehension of the Petitioners is that the Respondents are likely to take coercive enforcement action pursuant to the said notices against the 3/6
Petitioners herein, pending disposal of the statutory revisions. Hence, the learned Counsel for the Petitioners prays for an order, directing the Respondents to maintain status quo, till the disposal of the statutory revisions filed by the Petitioners.
4. This Court, in similar circumstances, have passed orders for early disposal of the revisions by the Government and to maintain status quo in the meanwhile. Having regard to the consistent view taken by this Court, this Court is 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 Petitioners, 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 Petitioners, within a period of sixteen weeks from the date of receipt of a copy of this order, and communicate the same to the Petitioners. ii. Till such time the Petitioners' revision petitions are disposed of by the 1st Respondent on merits and the order is communicated to the Petitioners, the Respondents are directed to maintain status quo. 4/6
5. With the above directions, these Writ Petitions are disposed of. No costs. Consequently, connected miscellaneous petitions are closed. (S.S.S.R.J.) & (N.S.J.) Index:Yes/No Web:Yes/No Speaking/Non Speaking Srcm To
1. State of Tamil Nadu, by its Secretary to Government Housing and Urban Development Department, Chennai-9
2. The Commissioner Cum Member Secretary Local Planning Authority, Pollachi 5/6
S.S.SUNDAR, J.
and N.SENTHILKUMAR, J.
Srcm WP.Nos.22113, 22115, 22117, 22121 and 22124 of 2024 6/6