Us Sign Boards v. The Govt Of Tamil Nadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 20.12.2018 CORAM :

The Hon'ble Mrs.V.K.TAHILRAMANI, CHIEF JUSTICE AND The Hon'ble Mr.JUSTICE M.DURAISWAMY W.P. No.32609 of 2018 US SIGN BOARDS, rep. by its Managing Partner D.Ganesan, Having Shop at Q-94, Plot No.3704, 4th Main Road, Anna Nagar, Chennai-600 040.

.. Petitioner -vs1.The Government of Tamil Nadu, rep. by the Secretary to Government, Housing and Urban Development Department, Fort St. George, Chennai - 600 009.

2.The Commissioner, Corporation of Chennai, Rippon Buildings, Chennai.

3.Executive Engineer / Zone - 8, 2nd Cross Street (East), Pulla Avenue, Shenoy Nagar, Chennai - 600 030.

4.K.T.Samuel Chandran .. Respondents Petition filed under Article 226 of the Constitution of India praying for issue of Writ of Certiorarified Mandamus to call for the records pertaining to the de-occupation notice No.Zone-VIII/TPENF/340/2018, dated 29.11.2018 issued by the 3rd respondent and to quash the same as arbitrary, unconstitutional and illegal.

For Petitioner : Ms.Meenakshi For Respondents : Mr.V.Jayaprakash Narayanan Government Pleader (i/c) for respondent No.1 Mr.V.C.Selvasekaran for respondent Nos.2 and 3

ORDER

(Order of the Court was made by The Hon'ble Chief Justice) The petitioner has approached this Court being aggrieved by the de-occupation notice No.Zone-VIII/TPENF/340/2018, dated 29.11.2018 issued by the third respondent. The prayer of the petitioner is to quash the same.

2. Admittedly, as against the de-occupation notice dated 29.11.2018, the petitioner has preferred an appeal under Section 80-A of the Tamil Nadu Town and Country Planning Act, 1971 before the first respondent and the same is pending. In such case, we are of the opinion that if we direct the appeal be decided expeditiously by the concerned authority, it would suffice and no further orders would be necessary.

3. In view of the above, the concerned authority, i.e., the first respondent - the Secretary to Government, Housing and Urban Development Department, Secretariat, Chennai-9 to dispose of the appeal as expeditiously as possible.

4. The writ petition is dismissed with the above observation. No costs. Consequently, W.M.P.No.37807 of 2018 is closed.

Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar bbr To 1.The Secretary to Government, Housing and Urban Development Department, Fort St. George, Chennai - 600 009.

2.The Commissioner, Corporation of Chennai, Rippon Buildings, Chennai.

3.The Executive Engineer / Zone - 8, 2nd Cross Street (East), Pulla Avenue, Shenoy Nagar, Chennai - 600 030.

+1cc to Mr.M.Vijayanand, Advocate, S.R.No.89038 +1cc to the Government Pleader, S.R.No.89149 W.P.No.32609 of 2018 KS(CO) GSP(23/01/2019)