N.V. Suresh v. The Secretary To Government
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 26.09.2023
CORAM
THE HON'BLE MRS. JUSTICE J.NISHA BANU AND THE HON'BLE MRS. JUSTICE N.MALA and W.M.P.No.27596 of 2023 N.V.Suresh ..... Petitioner Vs
1. The Secretary to Government Government of Tamil Nadu, Housing and Urban Development Department, Fort St.George, Chennai-600 009.
2. The Commissioner, Greater Chennai Corporation Ripon Buildings, Chennai - 600 003.
3 The Executive Engineer Greater Corporation of Chennai Zone-IX, No.1, Lake Area, 4th Cross Street, Nungambakkam, Chennai - 600 034. ......Respondents PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, forbearing the 2nd and 3rd respondents or Page 1/6
anybody on their behalf from initiating any coercive action of locking and sealing and demolition with regard to the flat put up at 4-A, Rajathi Apartments, No.19/10, South Boag Road, T.Nagar, Chennai - 600 017 till the determination of the petitioner's special revision petition filed u/s 80(A) of the Town and Country Planning Act dated 19.09.2023 to the 1st respondent herein.
For Petitioner : Mr.R.Mohan For Respondents : Mr.E.Vijay Anand for R1 Additional Government Pleader Mr.D.B.R.Prabhu for R2 and R3 Standing Counsel
ORDER
(Order of the Court was made by J.Nisha Banu,J.) Mr.E.Vijay Anand, learned Additional Government Pleader takes notice for the 1st respondent. Mr.D.B.R.Prabhu, learned Standing Counsel takes notice for the 2nd and 3rd respondents.
2. By consent of both parties, the main writ petition itself is taken up for final disposal.
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3. This writ petition has been filed to forbear the 2nd and 3rd respondents or anybody on their behalf from initiating any coercive action of locking and sealing and demolition with regard to the flat put up at 4-A, Rajathi Apartments, South Boag Road, T.Nagar, Chennai - 600 017 till the determination of the petitioner's special revision petition filed u/s 80(A) of the Town and Country Planning Act dated 19.09.2023 to the 1st respondent herein.
4. According to the learned counsel for the petitioner, the petitioner is the owner of the residential flat situated at 4-A, Rajathi Apartments, No.19/10, South Boag Road, T.Nagar, Chennai - 600 017. At the time of his purchase, the flat put up at the said property is 7 years old. During the year 2012, as one of the residents was running Hair Dressing Saloon in the said complex, few residents of the said apartment objected to the same and complained to the Corporation authorities. On account of such complaints, the officials of Corporation of Chennai caused inspection to the building in the year 2012 and noted down the nature of deviations and violations in the constructions from the original approved plan and thereafter, issued lock and seal notice dated 06.07.2012. Aggrieved by the lock and seal notice dated Page 3/6
06.07.2012, the petitioner preferred a revision petition under Section 80A of the Tamil Nadu Town and Country Planning Act and the same is pending.
5. Considering the said submission made by the learned counsel for the petitioner, without going into the merits of the matter, 1st respondent is directed to dispose of the revision petition dated 19.09.2023, filed under Section 80-A of the Tamil Nadu Town and Country Planning Act, on merits and in accordance with law, after affording due opportunity to all the interested parties, including Mr.R.Muddu Malla Reddy, who is the owner of Flat No.4G of the aforesaid Rajathi Apartments. The said exercise shall be done within a period of eight(8) weeks from the date of receipt of a copy of this order. The respondents are directed not to take any coercive steps till then.
6. Accordingly, the Writ Petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed. (J.N.B,J.) (N.M., J.) 26.09.2023 Index : Yes / No Internet :Yes/No Speaking order: Non-speaking order msv Page 4/6
To
1. The Secretary to Government Government of Tamil Nadu, Housing and Urban Development Department, Fort St.George, Chennai-600 009.
2. The Commissioner, Greater Chennai Corporation Ripon Buildings, Chennai - 600 003.
3 The Executive Engineer Greater Corporation of Chennai Zone-IX, No.1, Lake Area, 4th Cross Street, Nungambakkam, Chennai - 600 034.
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J. NISHA BANU, J.
and N.MALA,J.
msv and W.M.P.No.27596 of 2023 26.09.2023 Page 6/6