Syed Kasim Sakkaf v. The Commissioner

THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 02.12.2022

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN AND THE HONOURABLE MR.JUSTICE K.KUMARESH BABU and W.M.P.No. 31924 of 2022 1.Syed Kasim Sakkaf 2.Syed Akbar Sakkaf

...Petitioners

Vs.

1.The Commissioner, Rippon Building, Park Town, Chennai.

2.The Executive Engineer, Zone 6, Greater Chennai Corporation, 3.The Assistant Executive Engineer, Unit-17, Zone-6, 1/6

4.The Assistant Engineer, Division - 073, Unit-17, Zone-06, 5.The Secretary to Government of Tamil Nadu, Housing and Urban Development Department, Fort St.George, Chennai.

..Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India seeking issuance of Writ of Mandamus, forbearing the respondents 1 to 4 and its men and agents from any manner interfering with the peaceful possession and enjoyment of the petitioner's property being house and ground premises comprised in Door No.50, Strahans Road, 5th Street, Dadashamakkan, Chennai - 600 012 pending disposal of the stay petition filed on 08.03.2022 before the 5th respondent.

For Petitioners : Mr.N.A.Nissar Ahmed For Respondents : Mr.D.B.R.Prabhu Standing Counsel for R1 to R4 Mr.Vadivelu Deenadayalan Special government Pleader for R5 2/6

O R D E R

(Order of the Court was made by R.SUBRAMANIAN, J.) The prayer in the Writ Petition reads as follows:- forbearing the respondents 1 to 4 and its men and agents from any manner interfering with the peaceful possession and enjoyment of the petitioner's property being house and ground premises comprised in Door No.50, Strahans Road, 5th Street, Dadashamakkan, Chennai - 600 012 pending disposal of the stay petition filed on 08.03.2022 before the 5th respondent. 2.Mr.N.A.Nissar Ahmed, learned counsel appearing for the petitioners would submit that the building is more than 50 years old and as against the lock and seal notice issued on 24.02.2022, the petitioners have preferred a Special Revision under Section 80-A of the Tamil Nadu Town and Country Planning Act, which is pending with the Government. He would claim that even without considering the pendency of the appeal, the Chennai Corporation issued a de-occupation notice on 24.11.2022. 3.Considering the limited prayer, without going into the merits, we direct the Corporation not to enforce the de-occupation notice till such time 3/6

the revision filed under Section 80-A of the Tamil Nadu Town and Country Planning is disposed of by the Government.

4.This Writ Petition is disposed of with the above directions. No costs. Consequently, connected miscellaneous petition is closed. (R.S.M.,J.) (K.B.,J.) 02.12.2022 kkn Internet:Yes/No Index:Yes/No Speaking/Non-speaking order 4/6

To:- 1.The Commissioner, Rippon Building, Park Town, Chennai.

2.The Executive Engineer, Zone 6, Greater Chennai Corporation, 3.The Assistant Executive Engineer, Unit-17, Zone-6, 4.The Assistant Engineer, Division - 073, Unit-17, Zone-06, 5.The Secretary to Government of Tamil Nadu, Housing and Urban Development Department, Fort St.George, Chennai.

5/6

R.SUBRAMANIAN, J.

and K.KUMARESH BABU, J.

KKN and W.M.P.No.31924 of 2022 02.12.2022 6/6