P. Mohan Raj v. State Of Tamil Nadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.11.2018

CORAM

THE HON'BLE MRS.V.K.TAHILRAMANI, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE M.DURAISWAMY W.P.No.26340 of 2018 & W.M.P.No.30610 of 2018 P.Mohan Raj .. Petitioner Vs.

1 State of Tamil Nadu Rep by its Secretary Housing and Urban Development Department Fort St. George, Chennai.

2 The Commissioner Greater Corporation of Chennai Chennai.

3 The DRO/Zonal Officer Zone-VI Greater Corporation of Chennai No.5 Anderson Road, Ayanavaram Chennai.

4 The Executive Engineer Zone-6, Greater Corporation of Chennai Ayanavaram Chennai.

5 The Assistant Executive Engineer Zone-6, Greater Corporation of Chennai Ayanavaram Chennai.

6 The Assistant Engineer Zone-6 Division-70 Greater Corporation of Chennai Bharathi Road, Perambur Chennai.

.. Respondents PRAYER: Petition under Article 226 of the Constitution of India for issuance of a writ of Mandamus to forbear the 3rd respondent from in any manner proceeding further in pursuant to the Notice dated 28.08.2018 in Notice No.Z.OVI.C.No.7710/2018 till the disposal of the petitioner's appeal to the 1st Respondent dated 06/09/2018.

For Petitioner : Mr.S.Prabakaran Senior Counsel for Mr.Ma.Gouthaman For Respondents : Mr.S.Kamalesh Kannan Government Advocate for 1st respondent Mr.R.Arunmozhi, Standing Counsel for respondents 2 to 6

ORDER

(Order of the Court was made by the Hon'ble Chief Justice) The petitioner has approached this Court against the Deoccupation notice dated 28.8.2018 which has been served upon him.

2. Heard the learned Government Advocate for the first respondent and the learned counsel for respondents 2 to 6.

3. The learned Government Advocate submits that the appeal preferred by the petitioner under Section 80A of the Tamil Nadu Town and Country Planning Act, 1971 is pending before the first respondent and the said appeal will be disposed of within six weeks from today.

4. At this stage, the learned Senior Counsel appearing for the petitioner states that the status-quo order granted earlier by this Court may be extended till the disposal of the appeal.

5. In view of the prayer made, the order of status-quo granted earlier by this Court will continue till the disposal of the appeal.

The writ petition is disposed of with the above observations. No costs. Consequently, W.M.P.No.30610 of 2018 is closed.

Sd/- Assistant Registrar(CS II) //True Copy// Sub Assistant Registrar To:

The Secretary State of Tamil Nadu Housing and Urban Development Department Fort St. George, Chennai.

+1cc to the Government Pleader Sr.81664 +1cc to Mr.MA.Gowthaman, Advocate Sr.81679 W.P.No.26340 of 2018 ssd[co] srg 14/12/2018