K.Thomas v. The Government Of Tamilnadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 22.02.2016
CORAM:
THE HON'BLE MR. JUSTICE SATISH K. AGNIHOTRI and THE HON'BLE MR. JUSTICE M. VENUGOPAL W.P. No.6279 of 2016 & W.M.P. No.5590 of 2016 K. Thomas
...Petitioner
Vs.
The Government of Tamil Nadu represented by its Secretary Housing and Urban Development Department Secretariat, Fort St. George Chennai 600 009 The Member Secretary Chennai Metropolitan Development Authority (CMDA) Thalamuthu Natarajan Building No.1, Gandhi Irwin Road Egmore, Chennai 600 008 The Commissioner Corporation of Chennai Ripon Building, Chennai 600 003 The Executive Engineer Zone-III, Corporation of Chennai, Chennai ...
Respondents Writ Petition filed under Article 226 of the Constitution of India seeking a writ of mandamus forbearing the respondents 2 to 4 from in any way interfering with the building New No.5, Old No.3, Amberson Street, Chennai 600 108 comprised in R.S. No.11455/1, 11455/6, 11455/7, Block No.93, V.O.C. Nagar, Division 30, Zone 02, Chennai, particularly, by way of locking and sealing and demolition pending final determination of the appeal dated 01.02.2016 pending with the first respondent under Section 79 of the Tamil Nadu Town and Country Planning Act, 1971. For petitioner Mrs. S. Meenakumari For R1 Mr. P.S. Sivashanmugasundaram Special Government Pleader For R2 Mr. N. Sampath, Standing Counsel For RR 3 & 4 Mr. R. Arunmozhi, Standing Counsel
ORDER
(delivered by SATISH K. AGNIHOTRI, J.) Mr. P.S. Sivashanmugasundaram, learned Special Government Pleader, accepts notice for the first respondent. Mr. N. Sampath, learned Standing Counsel, accepts notice for the second respondent. Mr. R. Arunmozhi, learned Standing Counsel, accepts notice for respondents 3 and 4. With consent, the writ petition is taken up for final disposal, at the admission stage itself. This writ petition is filed seeking a writ of mandamus forbearing the respondents 2 to 4 from in any way interfering with the building at New No.5, Old No.3, Amberson Street, Chennai 600 108 comprised in R.S. No.11455/1, 11455/6, 11455/7, Block No.93, V.O.C. Nagar, Division 30, Zone 02, Chennai, particularly, by way of locking and sealing and demolition, pending final determination of the petitioner's appeal dated 01 February 2016 filed under Section 79 of the Tamil Nadu Town and Country Planning Act, 1971 (for short "the Act") before the first respondent.
The learned counsel for the petitioner submits that an application for interim relief has also been preferred by the petitioner under sub-section (5) of Section 79 of the Act, which is under consideration. Thus, a direction be issued to to the first respondent to pass orders on the said interim application. The learned Special Government Pleader appearing for the first respondent/appellate authority submits that the petitioner's appeal will be decided within the prescribed time of two months from the date of filing of the appeal. In view of the above submission of the learned Special Government Pleader, it is ordered accordingly. In the meantime, if any application is filed seeking interim relief, the first respondent is directed to consider the same and take appropriate decision within a period one week. It is made clear that for a period of one week, status quo, as obtained today in respect of the property in question shall be maintained by both the parties.
The writ petition stands disposed of with the above direction and observation. Costs made easy. Connected W.M.P. is closed.
Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar To The Secretary Housing and Urban Development Department Government of Tamil Nadu Secretariat, Fort St. George, Chennai 600 009. The Member Secretary Chennai Metropolitan Development Authority (CMDA) Thalamuthu Natarajan Building No.1, Gandhi Irwin Road, Egmore, Chennai 600 008. The Commissioner Corporation of Chennai Ripon Building, Chennai 600 003 The Executive Engineer Zone-III, Corporation of Chennai, Chennai.
+1cc to M/S.D.Balachandran, Advocate, S.R.No.10815 +1cc to M/S.N.Sampath, Advocate, S.R.No.10900 +1cc to M/S.Arunmozhi, Advocate Sr.11011 W.P. No.6279 of 2016 ala(CO) srg(23/02/2016)