Madras High CourtWP/24550/2024disposed of

Zaibunnisa v. The State

2024-08-27Honourable The Acting Chief Justice,Honourable Mr Justice P.B. Balaji6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 27.08.2024 CORAM :

THE HON'BLE MR.D.KRISHNAKUMAR, ACTING CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE P.B.BALAJI Zaibunissa ..

Petitioner Vs.

1. The State Rep. by the Secretary Housing and Urban Department Secretariat Chennai 600 009.

2. The Chennai Metropolitan Development Authority Rep. by its Member Secretary Gandhi Irwin Road Egmore, Chennai 600 008.

3. The Tahsildar Gandhi Main Road Balaji Nagar, Puzhal Chennai Tamil Nadu 600 066.

4. The Commissioner Greater Chennai Corporation

Chennai 600 003.

5. The Zonal Officer Zone - 3, Division - 23 Greater Chennai Corporation.

6. The Executive Engineer Zone - 3, Division - 23 Greater Chennai Corporation.

Chennai 600 003.

7. The Assistant Executive Engineer Unit 06 No.1, Thattankulam Street Bazar Road, Madhavaram Chennai.

8. The Assistant Engineer Zone - 3, Division - 23 No.1, Thattankulam Street Bazar Road, Madhavaram Chennai.

Respondents Prayer: Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of Certiorarified Mandamus calling for entire records pertaining to the passing of the impugned order dated 30.07.2024 in the notice letter No:DN23/001/2024 issued by the respondents 6 to 8 herein namely the Assistant Engineer Div 023, Assistant Executive Engineer Unit 06 an the Executive Engineer Zone 03, Chennai and quash the same and consequentially direct respondents 6 to 8 to consider the petitioner's representation dated 24.07.2024 and extend the stipulated time limit during the pendency of the 80-A petition on the file of the Housing and Urban Development

Department.

For the Petitioner : Mr.S.Prasanna For the Respondents : Mr.T.K.Saravanan Government Advocate for Respondents 1 & 3 Mr.R.Thamaraiselvan Standing Counsel for Respondent-2 Mr.G.Subramanian for Respondents 4 to 8

ORDER

(Order of the Court was made by the Hon'ble Acting Chief Justice) The petitioner assails the de-occupation notice issued by the respondents 6 to 8.

2. It appears that the petitioner has not obtained any planning permit from the competent authority.

3. Learned Government Advocate submits that date has been fixed by the first respondent for hearing the revision petition filed by the petitioner.

4. In view of the above, we direct the first respondent to dispose of the revision petition filed by the petitioner within four weeks from the date of receipt of a copy of this order, on merits and in accordance with law.

5. The writ petition is disposed of. There shall be no order as to costs. Consequently, W.M.P.Nos.26863 and 26867 of 2024 are closed.

(D.K.K., ACJ.) (P.B.B., J.) 27.08.2024 Index :

Yes/No Yes/No kpl To

1. The Secretary Housing and Urban Department Secretariat, Chennai 600 009.

2. The Member Secretary Chennai Metropolitan Development Authority Gandhi Irwin Road, Egmore, Chennai 600 008.

3. The Tahsildar Gandhi Main Road, Balaji Nagar, Puzhal

Chennai, Tamil Nadu 600 066.

4. The Commissioner Greater Chennai Corporation Chennai 600 003.

5. The Zonal Officer Zone - 3, Division - 23 Greater Chennai Corporation.

6. The Executive Engineer Zone - 3, Division - 23 Greater Chennai Corporation.

Chennai 600 003.

7. The Assistant Executive Engineer Unit 06 No.1, Thattankulam Street Bazar Road, Madhavaram Chennai.

8. The Assistant Engineer Zone - 3, Division - 23 No.1, Thattankulam Street Bazar Road, Madhavaram Chennai.

D.KRISHNAKUMAR, ACJ, AND P.B.BALAJI ,J.

(kpl) 27.08.2024