P.Ganesan v. The State Of Tamil Nadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 14.08.2024
CORAM:
THE HON'BLE MR.D. KRISHNAKUMAR, ACTING CHIEF JUSTICE AND THE HONOURABLE MR.JUSTICE P.B. BALAJI P.Ganesan ... Petitioner versus 1.The State of Tamil Nadu, Represented by its Secretary to Government, Housing and Urban Development Department, Secretariat Fort St.George, Chennai-600 009.
2.The Greater Chennai Corporation, Represented by its Commissioner, E.V.R.Periya Salai, Rippon Buildings, Chennai-600 003.
3.The Executive Engineer, Zone-XII, (Alandur) No.1, New Street, Alandur, Chennai-600 016.
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4.The Assistant Executive Engineer, Unit-37, Zone -XII, No.121, Garments Complex, Nagi Reddy Street, Guindy SIDCO, Chennai 600032.
5.The Assistant Engineer, Ward-166, Unit-37, Zone -XII, Nehru Nedun Salai, B.V.Nagar, Nanganallur, Chennai -600114. ...Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, for the issuance of a writ of Mandamus, forbearing the respondent authorities from in any manner initiating any coercive action of locking and sealing and demolition of the petitioner's premises at Old Door No.6A, New Door No.15A, measuring 1012 Sq.Ft., situated in Kannagi Street, Bakthavatchalam Nagar 18th Street, B.V.Nagar, Nanganallur, Chennai6000061, till the final determination of the petitioner's special revision petition filed under Section 80(A) of the Act along with stay petitioner under Section 80(A)(3) of the Act in Appeal No.8051527/24, pending with the Government and also the planning permission application filed under Section 49 of the Act and pass orders.
For the Petitioner :Mr.K.Chozhan For the Respondents :Mr.A.Edwin Prabakar State Government Pleader for first respondent Mrs.S.Vanitha Joice Rani for respondents 2 to 5
ORDER
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(Made by the Hon'ble Acting Chief Justice) The writ petition is filed, forbearing the respondent authorities from in any manner initiating any coercive action of locking and sealing and demolition of the petitioner's premises at Old Door No.6A, New Door No.15A, measuring 1012 Sq.Ft., situated in Kannagi Street, Bakthavatchalam Nagar 18th Street, B.V.Nagar, Nanganallur, Chennai6000061, till the final determination of the petitioner's special revision petition filed under Section 80(A) of the Act along with stay petition under Section 80(A)(3) of the Act in Appeal No.8051527/24, pending with the Government and also the planning permission application filed under Section 49 of the Act.
2. The petitioner has filed an appeal under Section 80(A) along with stay petition under Section 80(A)(3) of the Tamil Nadu Town and Country Planning Act, 1971, as against the locking and sealing of the aforesaid premises of the petitioner. It is also brought to the notice of this court that the petitioner has not obtained planning permission from the 3/6
authority concerned. In such circumstances, we are inclined to direct the first respondent to consider his appeal dated 26.07.2024 and to pass appropriate orders, as early as possible, within a period of twelve weeks from the date of receipt of a copy of this order. We make it clear that since it an unauthorized construction, we are not granting any interim order.
3. The writ petition stands disposed of with the above directions. There shall be no order as to costs. Consequently, WMP Nos.25102 and 25104 of 2024 are closed.
(D.K.K., ACJ.) (P.B.B., J.) 14.08.2024 Index : Yes/No mrn 1.The Secretary to Government, Housing and Urban Development Department, Secretariat Fort St.George, Chennai-600 009.
2. The Commissioner, The Greater Chennai Corporation, E.V.R.Periya Salai, Rippon Buildings, 4/6
Chennai-600 003.
3.The Executive Engineer, Zone-XII, (Alandur) No.1, New Street, Alandur, Chennai-600 016.
4.The Assistant Executive Engineer, Unit-37, Zone -XII, No.121, Garments Complex, Nagi Reddy Street, Guindy SIDCO, Chennai 600032.
5.The Assistant Engineer, Ward-166, Unit-37, Zone -XII, Nehru Nedun Salai, B.V.Nagar, Nanganallur, Chennai -600114.
THE HON'BLE ACTING CHIEF JUSTICE and P.B. BALAJI, J.
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