S.Ramesh v. Secretary To Government

THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 02.01.2025

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN AND THE HONOURABLE MR.JUSTICE C.KUMARAPPAN W.P.No. 39512 of 2024 and C.M.P.No. 42787 of 2024 S.Ramesh

...Petitioner

Vs.

1.The Secretary to Government, Housing and Urban Development, Secretariat, Chennai - 600 009.

2.The Executive Engineer, Zone - IX, Greater Chennai Corporation, No.1, Lake Area 4th Cross Street, Nungambakkam, Chennai - 600 034.

3.The Assistant Executive Engineer, Unit - 25, Zone - IX, No.1, Lake Area, 4th Cross Street, Nungambakkam, Chennai - 600 034.

4.The Assistant Engineer, Division 124, Unit - 25, Zone - IX, No.22, Chakrapani Street Extn, West Mambalam, Chennai - 600 033.

...Respondents

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Prayer: Writ Petition filed under 226 of the Constitution of India for issuance of Writ of Mandamus, forbearing the respondents from initiating any coercive action pursuant to the impugned locking and sealing notice dated 02.07.2024 in Notice No.Zone IX/DN.124/005/2024 issued under Section 56(5) of the Tamil Nadu Town and Country Planning Act, 1971 on the petitioner by the respondents, till the disposal of the Special Revision Petition dated 06.12.2024 filed under Section 80(A) of the Tamil Nadu Town and Country Planning Act, 1971 with respect to the residential building bearing Door No.228, New No.14, Gangadharan Colony, St.Mary's Road, Mylapore, Chennai -600 004 till disposal of the Writ Petition. For Petitioner : Mr.K.Sivasubramanian For Respondents : Mr.P.Balathandayutham Special Government Pleader for R1

O R D E R

It is stated that the proceeding under Section 80-A is pending before the Government.

2.Mr.K.Sivasubramanian, learned counsel appearing for the petitioner would submit that he has also filed a petition for stay under Section 80(A)(iii) of the Tamil Nadu Town and Country Planning Act, 1971. 2/5

3. In view of the above, there will be a direction to the 1st respondent to dispose of the stay petition within a period of four weeks from today. Till such time, no coercive action shall be taken.

4. With the above observations, this Writ Petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed. (R.S.M., J.) (C.K., J.) 02.01.2025 kkn Internet:Yes Index: No Speaking Note: Issue order copy on 03.01.2025.

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To:

1.The Secretary to Government, Housing and Urban Development, Secretariat, Chennai - 600 009.

2.The Executive Engineer, Zone - IX, Greater Chennai Corporation, No.1, Lake Area 4th Cross Street, Nungambakkam, Chennai - 600 034.

3.The Assistant Executive Engineer, Unit - 25, Zone - IX, No.1, Lake Area, 4th Cross Street, Nungambakkam, Chennai - 600 034.

4.The Assistant Engineer, Division 124, Unit - 25, Zone - IX, No.22, Chakrapani Street Extn, West Mambalam, Chennai - 600 033.

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R.SUBRAMANIAN, J.

and C.KUMARAPPAN, J.

KKN W.P.No. 39512 of 2024 and C.M.P.No. 42787 of 2024 02.01.2025 5/5