B.Champalal v. The Government Of Tamilnadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 09.02.2016
CORAM
THE HON'BLE MR. JUSTICE SATISH K. AGNIHOTRI and THE HON'BLE MR. JUSTICE M.VENUGOPAL W.P. No.4254 of 2016 and W.M.P.No.3599 of 2016 1.B.Champalal 2.B.Bharathkumar ..
Petitioners Vs.
1.The Government of Tamil Nadu rep. by its Secretary, Housing and Urban Development Department, Secretariat, Fort St. George, Chennai - 9.
2.The Member Secretary, Chennai Metropolitan Development Authority (CMDA), Thalamuthu Natarajan Building, No.1, Gandhi Irwin Road, Egmore, Chennai - 8.
3.The Commissioner, Corporation of Chennai, Rippon Building, Chennai - 3.
4.The Executive Engineer, Zone III, Corporation of Chennai, Chennai.
..
Respondents Petition filed under Article 226 of The Constitution of India praying for the issuance of a writ of mandamus forbearing the respondents 2 to 4 from in any way interfering with the building at Old No.11, New No.38-A and 38-B, Kondithopu, Sowcarpet, Chennai - 79 particularly by way of locking and sealing and demolition pending final determination of the appeal dated 30.12.2015 pending with the first respondent under Section 79 of the Tamil Nadu Town and Country Planning Act, 1971.
For Petitioners .. Mr.D.Balachandran For Respondents .. Mr.P.S.Sivashanmugha Sundaram, Spl. Govt. Pleader for R1 Mr.N.Sampath for R2 Mr.R.Arunmozhi for R3 and R4
ORDER
(Order of the Court was made by SATISH K.AGNIHOTRI, J.) With the consent of the learned counsel appearing for the parties, the writ petition is taken up for final disposal. 2.The writ petition is filed, seeking a direction to forbear respondents 2 to 4 from in any way interfering with the building at Old No.11, New No.38-A and 38-B, Kondithopu, Sowcarpet, Chennai - 79 particularly by way of locking and sealing and demolition pending final determination of the appeal dated 30 December 2015 preferred under Section 79 of the Tamil Nadu Town and Country Planning Act, 1971 on the file of the first respondent.
3.Mr.P.S.Sivashanmugha Sundaram, learned Special Government Pleader appearing for the first respondent would submit that information has been collected from all the concerned authorities and the final decision on the pending appeal will be taken within a period of four weeks. 4.In view of the above submission made by the learned Special Government Pleader, it is ordered accordingly. So far as interim direction is concerned, it is open to the petitioners to approach the first respondent for interim direction in the pending appeal, if so advised.
5.With the aforestated observations, the writ petition stands disposed of. No costs.
Consequently, connected miscellaneous petition is closed.
Sd/- Assistant Registrar(CS-II) //True Copy// Sub Assistant Registrar mmi
To 1.The Secretary to Government, Housing and Urban Development Department, Secretariat, Fort St. George, Chennai - 9.
2.The Member Secretary, Chennai Metropolitan Development Authority (CMDA), Thalamuthu Natarajan Building, No.1, Gandhi Irwin Road, Egmore, Chennai - 8.
3.The Commissioner, Corporation of Chennai, Rippon Building, Chennai - 3.
4.The Executive Engineer, Zone III, Corporation of Chennai, Chennai.
+1 cc to Mr.N.Sampah, Advocate, sr.8256 +1 cc to R.Arivumozhi, Advocate, sr.8264 +1 cc to Mr.D.Balachandran, Advocate, sr.8301 +2 ccs to Government Pleader, sr.8870, 7961 W.P.No.4254 of 2016 cnr co kra 19.02.2016