K.M.A.Zainulabdin v. Government Of Tamilnadu,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.11.2016

CORAM

The HON'BLE MR.SANJAY KISHAN KAUL, CHIEF JUSTICE AND The HON'BLE MR.JUSTICE R.MAHADEVAN W.P.No.38885 of 2016

1. K.M.A.Zainulabdin

2. K.M.Ahamed Mohideen

3. K.M.Zainulabdin

4. K.M.Mahmood Sulaiman

5. K.M.Najmuddin

6. K.M.Saleem

7. K.S.Zainulabdin

8. K.S.L.Azeezuddin

9. K.S.Abdur Rawoof 10.K.H.Zainulabdin 11.A.K.Syed Abdul Khader 12.A.K.Kaleelur Rahman 13.P.M.Mohamed Thamby 14.P.M.Mohamed Farook 15.P.M.Abdul Gaffar 16.K.Z.Shaik Abdul Kader 17.K.B.Ashab .. Petitioners vs.

1. The Government of Tamil Nadu rep. by its Secretary to Government Housing and Urban Development Department Secretariat, Chennai - 600 009.

2. Chennai Metropolitan Development Authority rep. by its Member Secretary No.1, Gandhi Irwyn Road Egmore, Chennai - 8.

3. Greater Chennai Corporation rep. by its Executive Engineer Division - 60, Unit - 13 Zone V, Perambur Chennai - 600 011.

.. Respondents PRAYER: Petition under Article 226 of the Constitution of India for issuance of a writ of Mandamus directing respondents 2 and 3 to forbear them from in anyway interfering with the building at No.157 (76), Angappa Naicken Street, Mannaday, V.O.C.Nagar, Chennai - 600 001, particularly by way of locking and sealing and or demolition of the same, pending final determination of the application under Section 80(A) of the Act dated 20.9.2016

by the first respondent and the application under Section 49 of the Act dated 12.9.2016 by the second respondent. For Petitioners : Mr.D.S.Rajasekaran For Respondents : Mr.T.N.Rajagopalan Special Govt. Pleader for 1st respondent Mr.N.Sampath for 2nd respondent Mr.V.C.Selvasekaran for 3rd respondent

ORDER

(Order of the Court was made by the Hon'ble Chief Justice) We have perused the material filed by the petitioners.

2. The learned counsel for the petitioners states that the application filed by the petitioners on 12.9.2016 under Section 49 of the Tamil Nadu Town and Country Planning Act, 1971 before the second respondent was returned on 27.9.2016 and has been resubmitted on 1.11.2016.

3. The learned counsel appearing for the second respondent states that a decision will be taken on this application within a maximum period of three weeks from today.

4. The learned counsel for the petitioners states that the fate of this decision would have a ramification on the other application filed by the petitioners under Section 80A of the said Act before the first respondent. Thus, those proceedings will commence dependent on the fate of the decision by the second respondent.

We dispose of this petition with the aforesaid directions. No costs. Consequently, W.M.P.No.33319 of 2016 is closed. Sd/- Asst.Registrar (CS V ) /true copy/ Sub Asst. Registrar To:

1. The Secretary to Government Government of Tamil Nadu Housing and Urban Development Department Secretariat, Chennai - 600 009.

2. The Member Secretary Chennai Metropolitan Development Authority No.1, Gandhi Irwyn Road Egmore, Chennai - 8.

3. The Executive Engineer Greater Chennai Corporation Division - 60, Unit - 13 Zone V, Perambur Chennai - 600 011.

+1 cc to Mr.Rajasekaran,advocate,sr.69800 +1 cc to Mr.N.Sampath,advocate,sr.69496 +1 cc to Govt.Pleader,sr.69620.

mg(co) krd 8/12 W.P.No.38885 of 2016