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Madras High CourtWP/28304/2024disposed of

Anandhi v. State Of Tamil Nadu

2024-09-30Honourable The Chief Justice,Honourable Mr Justice D. Krishnakumar4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 30.09.2024 CORAM :

THE HON'BLE MR.K.R.SHRIRAM, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.KRISHNAKUMAR ANANDHI .. Petitioner Vs

1. THE STATE OF TAMIL NADU REP. BY ITS SECRETARY TO GOVERNMENT, HOUSING AND URBAN DEVELOPMENT DEPARTMENT, FORT ST. GEORGE, SECRETARIAT, CHENNAI-600 009.

2. THE COMMISSIONER COIMBATORE CORPORATION, COIMBATORE.

.. Respondents Prayer : Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of mandamus forbearing the respondents, their men, servants or agents or anyone claiming under them from in any manner initiating any action or locking and sealing of the premises of the petitioner at Old No.25, New No.14/1, Vivekanandar Street, 1st Cross, P.N. Pudur, Coimbatore North - 641 041 pursuant to the final notice dated 09.08.2024 in Proc.Na.Ka.No.5200/2023/H1(W) of the 2nd respondent herein, pending disposal of the appeal filed under Section 80A of the Tamil Nadu

Town and Country Planning Act, 1971 before the 1st respondent herein. For the Petitioner : Mr.Karthik Lakshmanan for M/s.L.Palanimuthu For the Respondents : Mr.A.Edwin Prabakar State Government Pleader for 1st respondent

ORDER

(Order of the Court was made by the Hon'ble Chief Justice) This writ petition is for a writ of mandamus to direct the first respondent to expeditiously dispose of the appeal, or at least the stay application, and until the disposal of the stay application, to forbear the respondents from taking any coercive steps. The appeal has been filed under Section 80A of the Tamil Nadu Town and Country Planning Act, 1971.

2. Mr.A.Edwin Prabakar, learned State Government Pleader, states that the stay application will be considered and disposed of during the course of next week, after giving personal hearing to the petitioner. He further states that the notice of the personal hearing will be given to

counsel on record for the petitioner, Mr.L.Palanimuthu.

3. In view of the statement made by learned State Government Pleader, the writ petition is disposed of. We clarify that we have not expressed any opinion on the merits of the matter. There shall be no order as to costs. Consequently, W.M.P.No.30842 of 2024 is closed. (K.R.SHRIRAM, CJ) (D.KRISHNAKUMAR,J.) 30.09.2024 Index :

Yes/No NC :

Yes/No sasi To:

1. THE SECRETARY TO GOVERNMENT, STATE OF TAMIL NADU HOUSING AND URBAN DEVELOPMENT DEPARTMENT, FORT ST. GEORGE, SECRETARIAT, CHENNAI-600 009.

2. THE COMMISSIONER COIMBATORE CORPORATION, COIMBATORE.

THE HON'BLE CHIEF JUSTICE AND D.KRISHNAKUMAR,J.

(sasi) 30.09.2024