S.Mala v. The Commissioner
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 22.08.2023
CORAM
THE HON'BLE MRS. JUSTICE J.NISHA BANU AND THE HON'BLE MRS. JUSTICE N.MALA and W.M.P.No. 24284 of 2023 S. Mala ... Petitioner Vs.
1. The Commissioner Avadi City Municipal Corporation Avadi Chennai
2. The Tahsildar Avadi Chennai-600054
3. S. Mahadevan
4. The Secretary to Government, Housing and Urban Development Department, Fort St.George, Chennai - 600 009.
(R4 suo motu impleaded as per order dated 22.08.2023 passed by JNBJ & NMJ) ... Respondents Page 1/6
PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorari, to call for the records of the impugned proceedings in ROC No 3480/2021/F1 dated 16.08.2023 on the file of the 1st respondent and to quash the same.
For Petitioner : Mr.Sharath Chandran For Respondents : Mr. R.Gopinath for R1 and R2 Standing Counsel Mr.P.Gurunathan for R4 Additional Government Pleader No Appearance for R3
ORDER
This Writ Petition has been filed challenging the order dated 16.08.2023 passed by the 1st respondent under Section 56(2-A)/57(4) of the Tamil Nadu Town and Country Planning Act, 1971 (Tamil Nadu Act 35 of 1972), which is appealable order.
2. According to the learned counsel for the petitioner, the dispute is between the petitioner and her neighbour, one S.Mahadevan/3rd respondent, to remove the unauthorised construction to an extent of 151 sq feet and 200 sq ft, put up by the petitioner in her premises situated at Page 2/6
No.203, N.M.Road, Paruthipattu Village, Avadi Taluk, Thiruvallur District, which is causing hindrance to the 3rd respondent.
3. It is brought to the notice of this Court that a Division Bench of this Court vide order dated 06.01.2022 in W.P.No.25645 of 2021, directed the authorities to take appropriate action as against the writ petitioner herein, who was the fourth respondent in W.P.No.25645 of 2021, in respect of the illegal construction put up by her in the aforesaid premises.
4. Pursuant to the aforesaid order, the authorities inspected her property and found that there was no encroachment and building was constructed as per the approved plan. While being so, lock and seal notice dated 16.08.2023 was issued by the 1st respondent.
5. The learned standing counsel appearing for the respondents 1 and 2 submitted that the remedy is open to the petitioner, to file an appeal under Section 80A of the Tamil Nadu Town and Country Page 3/6
Planning Act, 1971 in respect of the lock and seal notice dated 16.08.2023 issued by the 1st respondent.
6. In view of the above submission, this Court suo-motu implead "The Secretary to Government, Housing and Urban Development Department, Fort St.George, Chennai - 600 009" as a party respondent/4th respondent to this writ petition.
7. Considering the facts and circumstances of the case, i. the petitioner is directed to file an appeal under Section 80A of the Tamil Nadu Town and Country Planning Act, 1971 within a period of two(2) weeks from today(22.08.2023). The respondents are directed not to take any coercive steps till then ii. the 4th respondent is directed to consider the appeal filed by the petitioner under Section 80-A of the Tamil Nadu Town and Country Planning Act and pass orders on merits and in accordance with law within a period of four weeks from the date of receipt of a copy of the Appeal.
Page 4/6
8. With the above directions, this Writ Petition is disposed of. No costs. Consequently connected miscellaneous petition is closed. (J.N.B,J.) (N.M., J.) Index : Yes / No 22.08.2023 msv To
1. The Commissioner Avadi City Municipal Corporation Avadi Chennai
2. The Tahsildar Avadi Chennai-600054
3. The Secretary to Government, Housing and Urban Development Department, Fort St.George, Chennai - 600 009.
Page 5/6
J. NISHA BANU, J.
and N.MALA,J.
msv and W.M.P.No. 24284 of 2023 22.08.2023 Page 6/6