A.K.Mohamed Yunus v. Government Of Tamil Nadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18.09.2024 CORAM :

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

1. A.K.MOHAMED YUNUS

2. A.K.MOHAMED ASHFAQUE

3. A.K.RIZWANUR RAHAMAN .. Petitioners Vs

1. GOVERNMENT OF TAMIL NADU REP BY ITS SECRETARY, HOUSING AND URBAN DEVEOPMENT DEPARTMENT SECRETARIAT, CHENNAI, TAMIL NADU - 600009.

2. CHENNAI METROPOLITAN DVELOPMENT AUTHORIY (C.M.D.A) THALAMUTHU NATARJAN MAALIGAI, NO.1, GANDHI IRWIN ROAD, EGMORE, CHENNAI - 600 008.

3. THE COMMISSIONER GREATER CHENNAI CORPROATION, RIPPON BUILDING, CHENNAI - 600 003.

4. THE EXECUTIVE ENGINEER, ZONE VIII GREATER CHENNAI CORPORATION, II CROSS STREET, EAST PULLA AVENUE, SHENIOY NAGAR, CHENNAI - 600 030.

.. Respondents

Prayer : Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of mandamus to forbear respondents 3 and 4 from taking any coercive action pursuant to the De-occupation Notice dated 18.07.2024 issued under the Tamil Nadu Town and Country Planning Act, 1971 pending determination of the application for regularization filed by the petitioner u/s 113-C of the Tamil Nadu Town and Country Planning Act, 1971 before the 2nd respondent with respect of the premises at Door No.R34, Elango street, M.M.D.A. Colony, Arumbakkam, Chennai - 600 106.

For the Petitioners : Mr.V.Vijayashankar for M/s.PVS Giridhar Associates For the Respondents : Mrs.Aswini Devi Standing Counsel for respondents 3 and 4 : Mr.M.Habeeb Rahman Government Advocate for 1st respondent : Mr.C.Manoharan Standing Counsel for 2nd respondent

ORDER

(Order of the Court was made by the Hon'ble Acting Chief Justice) The petitioners have filed this writ petition seeking issuance of a writ of mandamus to forbear respondents 3 and 4 from taking any coercive action pursuant to the De-occupation Notice dated

18.07.2024 issued under the Tamil Nadu Town and Country Planning Act, 1971, pending determination of the application for regularization filed by the petitioner u/s 113-C of the Tamil Nadu Town and Country Planning Act, 1971 before the second respondent with respect of the premises at Door No.R34, Elango street, M.M.D.A. Colony, Arumbakkam, Chennai - 600 106.

2. Learned counsel for the petitioners submits that the application dated 19.9.2022 submitted by the petitioners under Section 113-C of the Act is pending consideration before the competent authority. Without passing any order on the said application, the impugned notice dated 18.7.2024 has been issued and, therefore, the same is arbitrary.

3. Learned counsel for the petitioners further submitted that, under identical circumstances, a Division Bench of this Court, vide order dated 3.3.2023 passed in W.P.No.1544 of 2023, had directed the authorities to process the applications filed under Section 113-C of the Act, but not to pass any final orders, pending disposal of the

petitions challenging the constitutional validity, and the respondents were also restrained from taking any coercive steps till then. He prayed for a similar direction in the instant writ petition.

4. Learned counsel for the respondents have no serious objection for passing an order on the same lines as in W.P.No.1544 of 2023, dated 3.3.2023.

5. In the light of the above, we dispose of the writ petition with the following directions:

(i) the second respondent is directed to process the application of the petitioners dated 19.9.2022, but no final orders shall be passed till the disposal of the petitions challenging the constitutional validity of Section 113-C of the Act by the Supreme Court; and (ii)The respondents shall not take any coercive steps pursuant to the impugned notice dated 18.7.2024. There shall be no order as to costs. Consequently,

W.M.P.No.29443 of 2024 is closed.

(D.K.K., ACJ.) (P.B.B, J.) 18.09.2024 Index :

Yes/No NC :

Yes/No sasi To:

1. THE SECRETARY, GOVERNMENT OF TAMIL NADU HOUSING AND URBAN DEVEOPMENT DEPARTMENT SECRETARIAT, CHENNAI, TAMIL NADU - 600009.

2. CHENNAI METROPOLITAN DVELOPMENT AUTHORIY (C.M.D.A) THALAMUTHU NATARJAN MAALIGAI, NO.1, GANDHI IRWIN ROAD, EGMORE, CHENNAI - 600 008.

3. THE COMMISSIONER GREATER CHENNAI CORPROATION, RIPPON BUILDING, CHENNAI - 600 003.

4. THE EXECUTIVE ENGINEER, ZONE VIII GREATER CHENNAI CORPORATION, II CROSS STREET, EAST PULLA AVENUE, SHENIOY NAGAR, CHENNAI - 600 030.

THE HON'BLE ACTING CHIEF JUSTICE AND P.B.BALAJI, J.

(sasi) 18.09.2024