Dr.A.Najeerul Ameen v. The Government Of Tamil Nadu,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATE : 07.12.2021

CORAM

THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM and THE HONOURABLE MR.JUSTICE V.SIVAGNANAM W.P.No.25788 of 2021 Dr.A.Najeerul Ameen ... Petitioner -vsThe Government of Tamil Nadu Rep. By its Secretary Housing and Urban Development Department Fort St.George.

... Respondent PRAYER: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the respondent to pass orders in the petitioner's statutory application dated 02.09.2021 seeking to unlock and unseal the premises of the petitioner in Old No.31, New No.47, Police Commissioner Office Road, Egmore, Chennai made under Section 80A of the Tamil Nadu Town and Country Planning Act, 1971 within the time that may be stipulated by this Court.

For petitioner :

Mr.M.Mahaboob Athiff For respondent :

Mr.V.P.R.Elamparithi Additional Government Pleader

ORDER

(Order of the Court was made by K.KALYANASUNDARAM, J.,) Heard, Mr.M.Mahaboob Athiff, learned counsel for the petitioner and Mr.V.P.R.Elamparithi, learned Additional Government Pleader appearing for the respondent. 2.By consent, this writ petition is taken up for final disposal at the admission stage itself.

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3.The petitioner has come forward with this writ petition for issuance of writ of mandamus, directing the respondent to pass orders on the statutory application dated 02.09.2021 filed by the petitioner under Section 80A of the Town and Country Planning Act.

4.Mr.M.Mahaboob Athiff, learned counsel appearing for the petitioner would state that it would suffice if a direction is issued to the respondent to pass orders on the statutory application preferred by the petitioner.

5.Mr.V.P.R.Elamparithi, learned Additional Government Pleader on instructions would state that the statutory appeal preferred by the petitioner is pending for consideration before the respondent and he is ready to pass orders in accordance with law.

6.In the light of the limited prayer sought in this writ petition and the submissions made by the learned counsel on either side, this Court without expressing any opinion on the merits of the matter, directs the respondent to pass orders on the statutory application dated 02.09.2021 preferred by the petitioner, purely on merits and in accordance with law, after providing personal hearing of the petitioner, within a period of two months from the date of receipt of a copy of this order. 7.With the above direction, this writ petition is disposed of. No costs.

Sd/- Assistant Registrar(LA) //True Copy// Sub Assistant Registrar Jer To The Secretary Government of Tamil Nadu Housing and Urban Development Department Fort St.George, Chennai.

W.P.No.25788 of 2021 SSD(CO) SU(21/01/2022) https://hcservices.ecourts.gov.in/hcservices/