K.S.Rasheeda Banu v. The Secretary,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 31.10.2019
CORAM
THE HONOURABLE MR.JUSTICE M.SATHYANARAYANAN AND THE HONOURABLE MR.JUSTICE N.SESHASAYEE WP.No.30719 OF 2019 & WMP.No.30800 OF 2019 K.S.Rasheeda Banu .. Petitioner
Versus
1. The Secretary Housing and Urban Development Department, Secretariat, Chennai 600 009.
2. The Commissioner Greater Corporation of Chennai Ripon Buildings, Chennai 600 003.
3. The Executive Engineer Town Planning Enforcement Officer of Regional Joint Commissioner Corporation of Chennai Adyar, Chennai 600 020.
4. The Assistant Executive Engineer Enforcement, Regional Deputy Commissioner Office Central Corporation of Chennai, Zone V No.45, M.C.Road, Royapuram Chennai 600 013.
5. The Assistant Engineer Corporation of Chennai Zone V, Division No.61, Driver Street, Pudupet Chennai 600 002.
..
Respondents Prayer:- Writ petition filed under Article 226 of the Constitution of India praying for a writ of mandamus directing the 1st respondent to dispose of the petitioner's application as well as the appeal dated 02.07.2019 pending before the 1st respondent.
For Petitioner :
Mr.T.Velumani For R1 :
Mr.V.Jayaprakash Narayan Government Pleader For R2 to R5 :
Dr.C.Ravichandran Standing Counsel
ORDER
[Order of the Court was made by M.SATHYANARAYANAN, J.,] (1)By consent, the writ petition is taken up for final disposal. Mr.V.Jayaprakash Narayan, learned Government Pleader accepts notice on behalf of the 1st respondent and Dr.C.Ravichandran, learned Standing counsel accepts notice on behalf of the respondents 2 to 5.
(2)The petitioner, in pursuant to the registered Deed of Settlement dated 25.07.2018 [Doc.No.1816/2018], registered on the file of the jurisdictional Sub Registrar, became the owner of the property at New Door No.50, Old Door No.874, Langs Garden Road, Pudupet, Chennai-2, along with the superstructure in the form of Ground Floor. A perusal of the materials would prima facie disclose that subsequently, the petitioner had put up First and Second Floors having plinth areas of 43.75 sq.m. each. The 3rd respondent has issued a De-Occupation Notice dated 18.12.2018 under Section 56[2][iii] and 2A of the Tamil Nadu Town and Country Planning Act, 1971, [in short ''TCP Act''], to discontinue the occupation of the premises and making a challenge to the same, the petitioner preferred a statutory revision/appeal under section 80-A of TCP Act, on 02.07.2019, and pending disposal of the same, filed an application for interim stay under Section 80-A[3] of the said Act to stay all further proceedings.
(3)Mr.T.Velumani, learned counsel for the petitioner would submit that despite the statutory remedies have been availed, respondents 2 to 5 are threatening to evict the petitioner from the premises in question for the purpose of demolishing the alleged unauthorised portion and till disposal of the appeal, her rights to be protected.
(4)Dr.C.Ravichandran, learned Standing counsel appearing for the respondents 2 to 5/Corporation of Chennai, would submit that even as per the own showing of the petitioner, there exist an unauthorised construction in the form of First and Second Floors having plinth areas of 900 sq.ft., and as such, the submissions made by the learned counsel for the petitioner lack merit and substance.
(5)This Court has considered the rival submissions and also perused the materials placed before it.
(6)This Court, taking into consideration, especially the submissions made by the learned counsel for the petitioner that the premises in question is used for residential purposes, directs the 1st respondent or the delegated authority to enter the Special Revision/Appeal if the papers are otherwise in order and take up the petition for interim relief first and give a disposal within a period of two weeks from the date of receipt of a copy of this order and till such time, respondents 2 to 4 shall defer further decision in terms of the impugned De-occupation notice.
(7)In the light of the fact that the constructions put up in the First and Second floors, prima facie appears to be wholly unauthorised, the Assistant Engineer, Operation and Maintenance, TANGEDCO, Pudupet, Chennai-600 002, is directed to disconnect the electricity supply given to the First and Second Floors and depending upon the result of the special revision/appeal, further steps may be taken by the said authority.
(8)The 1st respondent shall also accord priority and give a disposal to the special revision/appeal as expeditiously as possible.
(9)The writ petition stands disposed of accordingly. No costs. Consequently, the connected miscellaneous petition is closed. Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar AP To
1. The Secretary Housing and Urban Development Department, Secretariat, Chennai 600 009.
2. The Commissioner Greater Corporation of Chennai Ripon Buildings, Chennai 600 003.
3. The Executive Engineer Town Planning Enforcement Officer of Regional Joint Commissioner Corporation of Chennai Adyar, Chennai 600 020.
4. The Assistant Executive Engineer Enforcement, Regional Deputy Commissioner Office Central Corporation of Chennai, Zone V No.45, M.C.Road, Royapuram Chennai 600 013.
5. The Assistant Engineer Corporation of Chennai Zone V, Division No.61, Driver Street, Pudupet Chennai 600 002.
Copy To:- 1.
The Chairman, Tamil Nadu Generation and Distribution Corporation Limited, Anna Salai, Chennai-2 2.
The Assistant Engineer, Operation and Maintenance, TANGEDCO, Pudupet, Chennai-600 002.
+1cc to Dr.C.Ravichandran, Advocate, S.R.No.90281 +1cc to Mr.T.Velumani, Advocate, S.R.No.90168 +1cc to the Government Pleader, S.R.No.90669 WP.No.30719 OF 2019 RSI(CO) CS/11/12/2019