Dr.R.Sendill Kumar v. The Principal Secretary To Government Of Tamilnadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19.11.2024 CORAM :

THE HONOURABLE MR. JUSTICE S.S. SUNDAR AND THE HONOURABLE MR. JUSTICE P.DHANABAL WP.No.31735/2024 & WMP.No.34478/2024 Dr.R.Sendill Kumar ... Petitioner Vs.

1.The Principal Secretary to Government of Tamil Nadu, O/o.Housing and Urban Development Department, Secretariat Chennai 600 009.

2.The Commissioner/Member Secretary Pollachi Local Planning Authority Pollachi Municipality Pollachi, Coimbatore District 642 001.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of mandamus directing the 1st respondent to dispose of the revision/application filed under sections 80[A] and 80A[3] of the Town and Country Planning Act, 1971, by the petitioner dated 12.07.2024 on giving personal hearing to the petitioner.

For Petitioner : Mr.K.V.Muthu Visakan For Respondents : Mr.T.Chezhian, AGP for R1 Mr.B.Anand, Standing counsel for R2

ORDER

[Order of the Court was made by S.S.SUNDAR, J.,] (1)The present writ petition has been filed seeking for issuance of a writ of mandamus to direct the 1st respondent to dispose of the statutory revision filed by the petitioner dated 12.07.2024 under Section 80[A] of the Town and Country Planning Act, 1971, after giving an opportunity of personal hearing to the petitioner.

(2)The petitioner purchased a building by a Sale Deed dated 22.01.2024 vide Doc.No.671/2024. However, by proceedings dated 21.06.2024, the respondents have called upon the petitioner to regularise the unlawful construction failing which the respondents threatened to initiate to lock and seal the premises in exercise of power under Sections 56 and 57 of the Town and Country Planning Act, 1971. The petitioner however challenged the lock and seal notice dated 21.06.2024 by way of statutory

revision under Section 80A of the Act. Stating that the respondents are likely to initiate further action during the pendency of the statutory revision, the petitioner has come by way of this writ petition. (3)Considering the facts and the grievance of the petitioner, this Court is inclined to dispose of this writ petition in the following line: (4)The 1st respondent is directed to consider and dispose of the statutory revision filed by the petitioner under Section 80A of the Town and Country Planning Act, 1971 dated 21.06.2024 within a period of sixteen weeks from the date of receipt of a copy of this order. Till such time, the statutory revision is disposed of by the 1st respondent in accordance with law, after hearing the petitioner, the respondents shall not initiate any coercive action against the petitioner.

(5)The writ petition stands disposed of accordingly. No costs.

Consequently, connected miscellaneous petition is closed. [S.S.S.R., J.] [P.D.B., J.] 19.11.2024 AP Internet : Yes

To 1.The Principal Secretary to Government of Tamil Nadu, O/o.Housing and Urban Development Department, Secretariat Chennai 600 009.

2.The Commissioner/Member Secretary Pollachi Local Planning Authority Pollachi Municipality Pollachi, Coimbatore District 642 001.

S.S. SUNDAR, J., and P.DHANABAL, J., AP 19.11.2024