Gopakumar v. The Secretary To Government
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 14.12.2023
CORAM:
THE HONOURABLE MRS.JUSTICE J.NISHA BANU and THE HONOURABLE MRS. JUSTICE N.MALA and W.M.P.No. 34860 of 2023 Gopakumar ..Petitioner Vs.
1. The Secretary to Government Housing and Urban Development Department St. George Fort, Secretariat, Chennai-600009
2. Executive Engineer, Zone-X Greater Chennai Corporation No.117, N.S.K.Salai Kodambakkam, Chennai-600024 3.Assistant Executive Engineer Zone-X, Unit-28, Greater Chennai corporation No.117, N.S.K. Salai Kodambakkam, Chennai-600024 Page No:1/7
4. Assistant Engineer, Division 138 Unit-28, Zone-X, Greater Chennai Corporation No.117, N.S.K. Salai Kodambakkam, Chennai-600024 ..Respondents Prayer: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, to direct the 1st respondent to consider and pass orders in the Special Revision Petition/Appeal dated 02.12.2023 filed by the petitioner under section 80-A of the Tamil Nadu Town and Country Planning Act, 1971 challenging the De-Occupation Notice dated 13.06.2023 in respect of premises bearing No.37, Bharathidasan Street, Jafferkhanpet, Chennai-600083 within a time period to be fixed by this Hon'ble Court and consequently forbearing the respondents 2 to 4 from taking coercive steps pursuant to the De-Occupation Notice dated 13.06.2023 till disposal of the special revision petition/Appeal dated 02.12.2023 by the 1st respondent. For Petitioner : Mr.C.Ravichandran For Respondents : Mrs. Stalin Abhimanyu for R1 Additional Government Pleader Mrs. Ramadevi for R2 to R4 Standing Counsel
ORDER
(Order of the Court was made by J.Nisha Banu,J.) This Writ Petition has been filed to direct the 1st respondent to consider and pass orders in the Special Revision Petition/Appeal dated Page No:2/7
02.12.2023 filed by the petitioner under section 80-A of the Tamil Nadu Town and Country Planning Act, 1971 challenging the De-Occupation Notice dated 13.06.2023 in respect of premises bearing No.37, Bharathidasan street, Jafferkhanpet, Chennai-600083 within a time period to be fixed by this Hon'ble Court and consequently forbearing the respondents 2 to 4 from taking coercive steps pursuant to the De-Occupation Notice dated 13.06.2023 till disposal of the Special Revision Petition/Appeal dated 02.12.2023 by the 1st respondent.
2. It is averred in the writ petition that the petitioner purchased the land and building situated at No.37, Bharathidasan Street, Jafferkhanpet, Chennai-600083, through a registered sale deed dated 05.05.2005, vide Doc.No.200/2005 on the file of SRO, Ashok Nagar and he is paying all the charges and taxes to the competent authorities without any default.
3. The petitioner decided to demolish and reconstruct the existing building and therefore, he had obtained a demolition and reconstruction plan dated 13.06.2005 and thereafter, he started his construction work. The petitioner applied for planning permission for the existing building from the respondents 2 to 4 herein and after scrutinizing all Page No:3/7
necessary documents, the respondents 2 to 4 had issued planning permission dated 15.04.2021 for demolition and reconstruction of the building.
4. In the meantime, the respondents 2 to 4 had issued a Notice calling for approved plan under Section 56(1) and 57 read with Section 85 of Tamil Nadu Town Country Planning Act, 1971 dated 15.07.2022. On receipt of the above notice, the petitioner appeared in person before the competent authorities and explained that the building is about 20 years old and furnished the copy of permission for demolition and reconstruction.
5. Suddenly, on 13.06.2023, the respondents 2 to 4 herein have issued a De-Occupation Notice under Section 56 sub section 2 (A)&57 read with Section 85 of Tamil Nadu Town and Country Planning Act, 1971. Aggrieved by the same, the petitioner had filed a Special Revision Petition under Section 80(A) of the said Act dated 02.12.2023. However, no action has been taken till date. Hence, the present writ petition.
6. The main contention of the petitioner is that the special revision petition has not been considered and hence, he apprehends that coercive steps will be taken against the petitioner. Page No:4/7
7. Since the Special Revision Petition under Section 80(A) of the Town and Country Planning Act is pending, this Court, without going into the merits of the claim made by the petitioner, directs the 1st respondent to dispose of the special revision petition dated 02.12.2023 filed by the petitioner under Section 80(A) of the Town and Country Planning Act, within a period of eight (8) weeks from the date of receipt of a copy of this order. Till such time, the respondents shall not take any coercive steps against the building in question.
8. Accordingly, this Writ Petition is disposed of with the above directions. No costs. Consequently, connected miscellaneous petition stands closed.
(J.N.B.,J.) (N.M.,J.) 14.12.2023 Index : Yes / No Speaking Order : Yes/No Internet:Yes/No msv Page No:5/7
To
1. The Secretary to Government Housing and Urban Development Department St. George Fort, Secretariat, Chennai-600009
2. Executive Engineer, Zone-X Greater Chennai Corporation No.117, N.S.K.Salai Kodambakkam, Chennai-600024 3.Assistant Executive Engineer Zone-X, Unit-28, Greater Chennai corporation No.117, N.S.K. Salai Kodambakkam, Chennai-600024
4. Assistant Engineer, Division 138 Unit-28, Zone-X, Greater Chennai Corporation No.117, N.S.K. Salai Kodambakkam, Chennai-600024 Page No:6/7
J.NISHA BANU,J.
And N.Mala,J.
msv and W.M.P.No. 34860 of 2023 14.12.2023 Page No:7/7