Munilal Phoolchandji v. Government Of Tamil Nadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 01.09.2016
CORAM
THE HONOURABLE MR.JUSTICE HULUVADI G.RAMESH AND THE HONOURABLE MR.JUSTICE M.V.MURALIDARAN W.P.No.30505 of 2016
1. Munilal Phoolchandji S/o Phoolchand
2. Shanthi Bai W/o Munilal Phoolchandji
3. Dinesh Kumar S/o Munilal Phoolchandji
4. Mahaveer Kumar S/o Munilal Phoolchandji ..
Petitioners -vs1. Government of Tamil Nadu rep.by its Secretary to Government Housing and Urban Development Department Fort St.George Chennai 600 009
2. Chennai Metropolitan Development Authority rep.by its Member Secretary No.1, Gandhi Irwin Road Egmore Chennai 600 008
3. Corporation of Chennai rep.by its Commissioner Ripon Buildings Chennai 600 003 ..
Respondents Petition under Article 226 of the Constitution of India, praying for the issue of a Writ of Certiorarified Mandamus, calling for the records of first respondent in letter No.6634/UD-1/2015-2 dated 18.09.2015 in rejecting petitioner's appeal filed under Section 80-A of the Town and Country Planning Act as against locking and sealing decision of officials of second respondent for the building put up at Old No.108, New
No.113, Audiappan Street, VOC Nagar, Sowcarpet, Chennai 600 079 by quashing the same and consequently direct the respondents to regularize the building put up in the aforementioned property. For Petitioners::Mr.P.Ramanathan For Respondents::Mr.R.Prathapkumar Additional Government Pleader 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.) Mr.R.Prathapkumar, learned Additional Government Pleader is directed to take notice for the first respondent. Mr.K.Raja Shrinivas, learned standing counsel is directed to take notice for the second respondent. Mr.A.Nagarajan, learned standing counsel is directed to take notice for the third respondent.
2. Heard the learned counsel for the petitioners.
3. The appeal preferred by the petitioners under Section 80A of the Tamil Nadu Town and Country Planning Act, 1971 (hereinafter called as "the Act") as against the locking, sealing and demolition notice No.ED/N-I/19256/2014 dated 25.3.2015 passed by the second respondent in respect of premises in Old No.108, New No.113, Audiappan Street, VOC Nagar, Sowcarpet, Chennai 600 079 has been rejected by the first respondent pointing out that it is a premature one.
4. The case of the petitioners is that they have the right to seek appropriate remedy and are inclined to re-present the Special Revision Petition under Section 80-A of the Act, however, sought for a suitable direction in this regard.
5. Following the decision laid down by this Court in 2015
(2) CWC 752 (Lalith Kumar C.Soni v. The Government of Tamil Nadu and others), we direct the petitioners to go before the first respondent and re-present the Special Revision Petition and seek appropriate relief, within a period of one month from today. The first respondent shall dispose of the matter within two months thereafter after giving sufficient opportunity to the
petitioners. Till then, there shall be an order of status quo. It is open to the petitioners to raise all their contentions before the first respondent.
6. The writ petition is disposed of with the above direction. Consequently, W.M.P.Nos.26438 & 26439 of 2016 are closed. No costs.
Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar To
1. The Secretary to Government Housing and Urban Development Department Fort St.George Chennai 600 009
2. The Member Secretary Chennai Metropolitan Development Authority No.1, Gandhi Irwin Road Egmore Chennai 600 008
3. The Commissioner Corporation of Chennai Ripon Buildings Chennai 600 003 +1cc to Mr.K.Rajashrinivas, Advocate Sr.49711 +1cc to Mr.R.Mohan, Advocate sr.49531 +1cc to the Government Pleader Sr.50496 W.P.No.30505 of 2016 scd[co] srg 22/09/2016