P.Suseela v. Government Of Tamilnadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 11.01.2016

CORAM:

THE HON'BLE MR. JUSTICE SATISH K. AGNIHOTRI and THE HON'BLE DR. JUSTICE P. DEVADASS W.P. No.759 of 2016 and W.M.P. No.569 of 2016 P. Suseela

...Petitioner

Vs.

The Government of Tamil Nadu represented by Secretary to Government Housing and Urban Development Department Fort St. George, Chennai 600 009 Chennai Metropolitan Development Authority represented by its Member Secretary No.1, Gandhi Irwin Road Egmore, Chennai 600 008

...Respondents

Writ Petition filed under Article 226 of the Constitution of India for issuance of a writ of mandamus forbearing the second respondent from in any way interfering with the hospital building put up at Old No.38 B, New Door No.127, Mudichur Road, Tambaram, Chennai 600 045, particularly by way of locking, sealing and demolition, pending final determination of the petitioner's application under Section 80-A of the Town and Country Planning Act dated 07.01.2016 by the first respondent. For petitioner Mr. D.S. Rajasekaran For R1 Mr. P.S. Sivashanmugasundaram Special Government Pleader For R2 Mr. N. Sampath, 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. With the consent of the learned counsel for the

parties, 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 second respondent from in any way interfering with the hospital building put up at Old No.38 B, New Door No.127, Mudichur Road, Tambaram, Chennai 600 045, particularly by way of locking, sealing and demolition, pending final determination of the petitioner's application dated 07 January 2016 filed under Section 80-A of the Tamil Nadu Town and Country Planning Act, 1971 (for short "the Act") by the first respondent. From a perusal of the records, it is seen that the second respondent, viz., Chennai Metropolitan Development Authority, has issued a de-occupation notice on 04 January 2016 under Sections 56(2)(iii) and (2A) of the Act against the petitioner.

Thereagainst, the petitioner has preferred an application before the first respondent under Section 80-A of the Act on 07 January 2016, which is pending consideration. It is further seen that along with the said application, the petitioner has also filed an application for interim stay in terms of the provisions of Section 80-A(3) of the Act. Without going into the merits of the case, we are of the considered view that if an application, as aforestated, is filed along with an application for interim relief, the officers are well advised to consider the application for interim relief at the earliest, preferably, within a period of two weeks, to avoid further complications.

Accordingly, we direct the first respondent to consider the petitioner's application for interim relief as early as possible, preferably within a period of two weeks and also to consider the petitioner's main application within the statutory period prescribed under the provisions of law, on its own merits and in accordance with law, in the light of the order dated 29th September 2015 passed by a Division Bench of this Court, wherein, one of us (Satish K. Agnihotri, J.) was a Member, in Lalithkumar C. Soni Vs. Government of Tamil Nadu and others1. It is made clear that for a period of two weeks from today, i.e., 11 January 2016, status quo as obtained today, in respect of the property in question, shall be maintained by both the parties and the petitioner is restrained from making any further construction in the property in question.

W.P.Nos. 16392 of 2015 batch.

With the above directions, the writ petition stands disposed of sans costs. Connected W.M.P. is closed.

sd/- Assistant Registrar(Cs-V) /TRUE COPY/ Sub-Assistant Registrar cad To The Secretary to Government Government of Tamil Nadu Housing and Urban Development Department Fort St. George, Chennai 600 009 The Member Secretary Chennai Metropolitan Development Authority No.1, Gandhi Irwin Road Egmore, Chennai 600 008 +1 CC to MR.D.S. Rajasekaran Advocate. SR.NO. 1920 +1 CC to MR.N. Sampath Advocate. SR.NO.2158 +1 CC to Govt.Pleader. SR.NO.2332 W.P. No.759 of 2016 CO-MSM JD 27/01/2016