V.Harihara v. Principal Secretary
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 02.01.2023
CORAM:
THE HONOURABLE MS.JUSTICE V.M.VELUMANI and THE HONOURABLE MRS. JUSTICE R.HEMALATHA and W.M.P.Nos.34351 to 34366 & 34368 of 2022 W.P.No.34919 of 2022 V.Harihara .. Petitioner Vs.
1.Principal Secretary Government of Tamil Nadu Housing and Urban Development Department Secretariat, St.George Fort Chennai-600 009.
2.Additional Secretary (Technical) Housing and Urban Development Department Secretariat, St.George Fort Chennai-600 009.
3.Executive Engineer Zone VI, Greater Corporation of Chennai Strahans Road, Pattalam Chennai-600 012.
4.Assistant Executive Engineer Unit 16, Greater Corporation of Chennai Strahans Road, Pattalam, Chennai-600 012.
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5.Assistant Engineer Division 067, Greater Corporation of Chennai Strahans Road, Pattalam, Chennai-600 012.
.. Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus forbearing the respondents 3 to 5 from anyway interfering with the petitioner's premises bearing Flat CS3, C Block, Royal Palace, Old Nos.20 and 21, New No.47, Sabapathy Street, Sembiam, Chennai 600 011 pending final determination of the petitioner's revision petition and stay petition dated 19.12.2022 with the 1st respondent.
In all the W.Ps.
For Petitioner : Mr.S.Shujath For R1 & R2 : Mr.A.Selvendran Special Govt. Pleader For R3 to R5 : Mr.D.B.R.Prabhu Standing Counsel C O M M O N O R D E R (Order of the Court was delivered by V.M.VELUMANI,J.) Writ Petitions are filed forbearing the respondents 3 to 5 from anyway interfering with the petitioners' premises bearing Flat CS3, C 2/7
Block, Flat BF2, B Block, Flat BS2, B Block, Flat CF1, C Block, Flat AF1, A Block, Flat BF2, B Block, Flat CF2, C Block, Flat AS2, A Block, Flat AS3, A Block, Flat AF3, A Block, Flat CS2, C Block, Flat BS1, B Block, Flat CS1, C Block, Flat BS3, B Block, Flat CF3, C Block, Flat AF2, A Block, Flat AS1, A Block, Royal Palace, Old Nos.20 and 21, New No.47, Sabapathy Street, Sembiam, Chennai 600 011 pending final determination of the petitioners' revision petitions and stay petitions dated 19.12.2022 with the 1st respondent.
2.By consent of the learned counsel appearing for the petitioners as well as Mr.A.Selvendran, learned Special Government Pleader, who takes notice for the respondents 1 & 2 and Mr.D.B.R.Prabhu, learned Standing Counsel, who takes notice for the respondents 3 to 5, the Writ Petitions are taken up for final disposal at the stage of admission itself. 3.Heard the learned counsel appearing for the petitioners as well as the learned Special Government Pleader appearing for the respondents 1 & 2 and learned Standing Counsel appearing for the respondents 3 to 5 and perused the materials available on record. 3/7
4.According to the petitioners, they are owners of Flat CS3, C Block, Flat BF2, B Block, Flat BS2, B Block, Flat CF1, C Block, Flat AF1, A Block, Flat BF2, B Block, Flat CF2, C Block, Flat AS2, A Block, Flat AS3, A Block, Flat AF3, A Block, Flat CS2, C Block, Flat BS1, B Block, Flat CS1, C Block, Flat BS3, B Block, Flat CF3, C Block, Flat AF2, A Block, Flat AS1, A Block, Royal Palace, Old Nos.20 and 21, New No.47, Sabapathy Street, Sembiam, Chennai 600 011, built by M/s.Royal Builders and Promoters. Believing the representation of the builder that the building is approved by CMDA, the petitioners have purchased the above flats by borrowing loan from the Bank. The properties were assessed for property tax and all the petitioners were paying the property tax regularly to the Corporation of Chennai. The petitioners also provided E.B.
connection, water and drainage facilities. While so, the petitioners received lock and seal and de-occupation notices dated 05.09.2022, 18.10.2022 and 15.12.2022. When the petitioners approached the respondents 3 to 5, they were informed that there are some deviations in the construction. On 15.12.2022, the respondents 3 to 5 came to the petitioner's properties and directed them to vacate the flats within one week, failing which, they will put lock and seal the properties.
Corporation of Chennai Officials and filed revision petitions along with petitions before the 1st respondent under Section 80-A read with Section 113-C of the Tamil Nadu Town and Country Planning Act, 1971 for stay of the lock and seal and de-occupation notices. When the petitioners insisted for stay petitions being taken up for hearing, the petitioners were informed by the 1st respondent that their stay petitions will be taken up only as per the seniority. The respondents 3 to 5 have given only one week time to the petitioners to vacate the premises and hence, the petitioners have come out with the present writ petitions. 5.Mr.A.
Selvendran, the learned Special Government Pleader appearing for the respondents 1 and 2 submitted that the petitioners' revisions will be taken up along with the stay petitions and will be disposed of within the time limit fixed by this Court. 6.The petitioners have produced the copy of the revisions filed before the 1st respondent and also the petitions for stay of the notices of the 3rd respondent. According to the petitioners, the 1st respondent informed them that their stay petitions will be taken up only as per the seniority.
the revision petitions and stay petitions filed by the petitioners as expeditiously as possible, in any event, within six months from the date of receipt of a copy of this order. Till such time, the respondents 3 to 5 are restrained from taking any coercive steps against the petitioners based on the notices issued to them.
7.With the above directions, all the writ petitions are disposed of. No costs. Consequently, connected Miscellaneous Petitions are closed. (V.M.V., J) (R.H., J) 02.01.2023 Index : Yes / No Internet : Yes / No kj Note: Issue order copy on 03.01.2023 To 1.Principal Secretary Government of Tamil Nadu Housing and Urban Development Department Secretariat, St.George Fort Chennai-600 009.
2.Additional Secretary (Technical) Housing and Urban Development Department Secretariat, St.George Fort Chennai-600 009.
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V.M.VELUMANI,J.
and R.HEMALATHA,J.
Kj 3.Executive Engineer Zone VI, Greater Corporation of Chennai Strahans Road, Pattalam Chennai-600 012.
4.Assistant Executive Engineer Unit 16, Greater Corporation of Chennai Strahans Road, Pattalam, Chennai-600 012.
5.Assistant Engineer Division 067, Greater Corporation of Chennai Strahans Road, Pattalam, Chennai-600 012.
and W.M.P.Nos.34351 to 34366 & 34368 of 2022 02.01.2023 7/7