S.M.M.Mohamed Shahul Hameed v. The Government Of Tamil Nadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 30.08.2016
CORAM
THE HONOURABLE MR.JUSTICE HULUVADI G.RAMESH AND THE HONOURABLE MR.JUSTICE M.V.MURALIDARAN W.P.No.30118 of 2016 S.M.M.Mohamed Shahul Hameed ..
Petitioner -vs1. The Government of Tamil Nadu rep.by its Secretary Housing & Urban Development Department Secretariat, Fort St.George Chennai 600 009
2. The Member Secretary Chennai Metropolitan Development Authority (CMDA) Thalamuthu Natarajan Building No.1, Gandhi irwin Road Egmore, Chennai 600 008
3. The Executive Engineer RDC (North Office) Zone-V, Greater Chennai Corporation No.61, Basin Bridge Road Chennai 600 021 ..
Respondents Petition under Article 226 of the Constitution of India, praying for the issue of a Writ of Mandamus, forbearing the second and third respondents from in any way interfering with the building at New No.3/7, Armenian Street, Chennai 600 001, particularly by way of De-occupation notice and pending final determination of the appeal dated 19.08.2016 pending with the first respondent under Section 80-A of the Tamil Nadu Town and Country Planning Act, 1971.
For Petitioner ::
Mr.D.Balachandran For Respondents::
Ms.M.Latha Government Advocate for R1 Mr.K.Raja Shrinivas for R2 Mr.A.Nagarajan for R3
ORDER
(Order of the Court was delivered by HULUVADI G.RAMESH, J.) The petitioner seeks for issuance of a writ of mandamus, forbearing the second and third respondents from in any way
interfering with the building at New No.3/7, Armenian Street, Chennai 600 001, particularly by way of De-occupation notice and pending final determination of the appeal dated 19.08.2016 pending with the first respondent under Section 80-A of the Tamil Nadu Town and Country Planning Act, 1971.
2. Heard the learned counsel for the parties.
3. It appears that the petitioner is the owner of the land and building comprised in No.3/7, Armenian Street, Chennai 600 001 and had put up construction after obtaining the building and planning permission from the authorities. However, alleging deviations from the sanctioned plan, a de-occupation notice under Section 56(2)(iii) and (2A) of the Tamil Nadu Town and Country Planning Act has been issued to the petitioner on 1.8.2016 for de-occupation of the premises. Aggrieved by the same, the petitioner is said to have preferred a special revision petition/appeal on 19.8.2016 under Section 80-A of the Tamil Nadu Town and Country Planning Act, 1971 before the first respondent/Government and pending disposal of the same, without any opportunity of hearing, the respondents are attempting to take coercive action against the petitioner. Hence this writ petition.
4. It is for the first respondent/Government to consider the special revision petition/appeal filed by the petitioner under Section 80-A of the Tamil Nadu Town and Country Planning Act on 19.8.2016 and also the explanation, if need be, of the petitioner and to take a decision in accordance with law within a period of three months from the date of receipt of a copy of this order. Till then, the authorities shall not take any coercive action against the petitioner. The writ petition stands disposed of accordingly. Consequently, W.M.P.No.26087 of 2016 is closed. No costs.
Sd/- Asst.Registrar /true copy/ Sub Asst. Registrar To
1. The Secretary to Government Housing & Urban Development Department Fort St.George Chennai 600 009
2. The Member Secretary Chennai Metropolitan Development Authority (CMDA) Thalamuthu Natarajan Building No.1, Gandhi irwin Road Egmore, Chennai 600 008
3. The Executive Engineer RDC (North Office) Zone-V, Greater Chennai Corporation No.61, Basin Bridge Road Chennai 600 021 +1 cc to Mr.A.Nagarajan,advocate,sr.49333 +1 cc to Mr.D.balachandran,advocate,sr.49089 +1 cc to Mr.K.Rajashrinivas,advocate,sr.49461 +1 cc to Govt.Pleader,sr.49284.
rsy(co) krd 14/9 W.P.No.30118 of 2016