E.Eassa, v. The State Rep. By Its Secretary Of The Government,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 05.02.2025 CORAM :
THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM AND THE HONOURABLE MR. JUSTICE K.RAJASEKAR and WMP.No.39621 of 2024 K.Eassa ....
Petitioner Vs 1.The State Rep by its Secretary to Government Housing & Urban Development Fort St.George Chennai.
2.The Member Secretary Chennai Metropolitan Development Authority Thalamuthu Natarajan Building Egmore, Chennai - 600 008.
3.The Additional Secretary Housing and Urban Development Department Secretariat, Chennai - 9.
4.The Commissioner Rippon Building Chennai - 600 003.
5.The Executive Engineer - Zone X 117, NSK Salai Kodambakkam, Chennai - 600 024.
.... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of Writ of Mandamus directing the second respondent to regularise the building plan U/s.113C of the Town and Country Planning Act, in respect of property in Survey No.17/0 by considering the petitioner's application for regularisation dated 21.07.2018 in Receipt No.2018/07/21/000711 and pass further or suitable orders as this Court may deem fit and proper of the case.
For Petitioner : Ms.B.R.Benci Jerald For Respondents : Mr.T.Chandrasekaran Special Government Pleader for R1 & R3 Mr.C.Manoharan Standing Counsel for CMDA [R2] Mr.A.Arun Babu Standing Counsel for R4 & R5
ORDER
(Order of the Court was made by S.M.SUBRAMANIAM, J.) The writ of mandamus has been instituted to direct the second respondent to regularise the building plan under Section 113C of the Town and Country Planning Act, in respect of the subject property in T.S. No.17/0, Block No.32, Puliyur Village, Egmore, Nungambakkam Taluk.
2. Section 113C of Town and Country Planning Act was declared as ultra vires to the Constitution. However, an appeal filed against the declaration order is now sub-judice before the Hon'ble Supreme Court of India and there is no interim order. Therefore, the authorities are not empowered to invoke Section 113C of the Town and Country Planning Act and grant regularisation of building plan. Since Section 113-C of Town and Country Planning Act as of today is not in force, the application submitted by the petitioner cannot be considered by the competent authority, so also the direction as such sought for in the writ petition, cannot be granted.
3. The writ petition is accordingly dismissed. No costs. Consequently, connected miscellaneous petition is closed.
[S.M.S, J.] [K.R.S, J.] 05.02.2025 Index: Yes/No Speaking/Non-speaking order ds
To:
1.The State Rep by its Secretary to Government Housing & Urban Development Fort St.George Chennai.
2.The Member Secretary Chennai Metropolitan Development Authority Thalamuthu Natarajan Building Egmore, Chennai - 600 008.
3.The Additional Secretary Housing and Urban Development Department Secretariat, Chennai - 9.
4.The Commissioner Rippon Building Chennai - 600 003.
5.The Executive Engineer - Zone X 117, NSK Salai Kodambakkam, Chennai - 600 024.
S.M.SUBRAMANIAM, J.
AND K.RAJASEKAR, J.
ds 05.02.2025