P.Bipin Kumar v. Chennai Metropolitan

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 07.09.2016

CORAM

THE HONOURABLE MR.JUSTICE HULUVADI G. RAMESH and THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN Writ Petition No.31136 of 2016 and WMP.No.26973 of 2016 P.Bipin Kumar

...Petitioner

Vs.

1.Chennai Metropolitan Development Authority, Rep. By its Member-Secretary No.1, Gandhi Irwin Road Egmore, Chennai-8 2.Corporation of Chennai Rep. By its Commissioner Ripon Buildings Chennai-600 003 3.Government of Tamil Nadu Rep. By its Secretary to Government Housing and Urban Development Department Fort St.George, Chennai-9

...Respondents

Writ Petition filed praying to issue a Writ of Mandamus forbearing the 1st and 2nd respondent from initiating any coercive action of locking and sealing and demolition with regard to the building put up at Old No.197, (New No.403) Mint Street, Park Town, Chennai-600 003 pending determination of the Revision Petition submitted by the petitioner under Section 80-A and 80-A

(3) of the Tamil Nadu Town and Country Planning Act. For Petitioner : Mr.P.Ramanathan For Respondents : Mr.K.Raja Shrinivas for R1 Mr.A.Nagarajan for R2 Mr.R.Prathpkumar, AGP for R3

O R D E R

(Order of the Court was made by HULUVADI G. RAMESH,J.) Heard the learned counsel appearing for the respective parties.

2. In the accompanying affidavit filed in support of the Writ Petition, it is stated that as against the locking and sealing notice dated 07.10.2015 issued by the CMDA under Section 56 of the Town and Country Planning Act, (hereinafter called as "the Act"), the petitioner is stated to have preferred appeal to the 3rd respondent under Section 80-A of the Act along with stay application on 15.10.2015 and no orders are passed till date.

3. Now, the learned counsel appearing for the petitioner submits that the 1st respondent has again issued De-occupation Notice dated 23.08.2016 to the petitioner.

4. On a perusal of the records, it is seen that pending petitioner's Special Revision Petition under Section 80-A of the Town and Country Planning Act, De-occupation Notice was issued by the 1st respondent on 23.08.2016. Hence, we direct the 3rd respondent to consider the Special Revision Petition dated 15.10.2015 preferred by the petitioner, under Section 80(A) and 80(A)(3) of the Act and pass necessary orders in accordance with law, within a period of three months from the date of receipt of a copy of this order, after giving sufficient opportunity of hearing to the petitioner. Till the disposal of the said application, the respondents 1 and 2 shall not take any coercive steps against the petitioner's premises.

5. The Writ Petition is disposed of with the above direction. No costs. Consequently, connected WMP is closed. -s/d- Assistant Registrar True Copy Sub-Assistant Registrar nvsri

To

1. Member-Secretary Chennai Metropolitan Development Authority, No.1, Gandhi Irwin Road Egmore, Chennai-8.

2. Secretary to Government Government of Tamil Nadu Housing and Urban Development Department Fort St.George, Chennai-9 +1 cc to Mr.R.Mohan Advocate sr 50608 +1 cc to Government Pleader sr 51323 +1 cc to Mr.K.Raja shrinivas Advocate sr50734 W.P.No.31136 of 2016 aa21/10/2016