Joy Raja S.A. v. The State Of Tamil Nadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.02.2021
CORAM:
THE HONOURABLE MR.JUSTICE M.M.SUNDRESH AND THE HONOURABLE MRS. JUSTICE S.ANANTHI and WMP (MD) No.2057/2021 (Through Video Conferencing) Dr.S.A.Joy Raja : Petitioner Vs.
1.The State of Tamil Nadu rep. by its Secretary Housing and Urban Development Department Fort St. George, Chennai-600 009.
2.The District Collector Nagercoil, Kanyakumari District 3.The Commissioner Nagercoil Municipal Corporation, Nagercoil Kanyakumari District.
: Respondents PRAYER: Petition is filed under Article 226 of the Constitution of India praying for the issue of a Writ of Mandamus to forbear the 2nd and 3rd respondents in any manner initiating any coercive action of locking, sealing and demolishing of the petitioner's premises comprised in T.S.No.N5/64 Part 65,66,67,68 and 69 Part, situated at Rajamangalam Road, Chettikulam Junction, Nagercoil, Kanyakumari District pending final determination of the petitioner's appeal petition filed under Section 80(A) of the Tamil Nadu Town and Country Planning Act along with Stay petition filed under Sec. 80(A)
(3) of the Act dated 22.01.2021 which was acknowledged by the 1st respondent on 25.01.2021 pending with the 1st respondent. For Petitioner : Mr.L.Chandrakumar For Respondents : Mrs.J.Padmavathi Devi for R1 & R2 Special Government pleader Mr.P.Aathimoola Pandian for R3
ORDER
(Order of the Court was made by M.M.SUNDRESH, J.) This writ petition has been filed seeking a Writ of Mandamus forbearing the respondents 2 and 3 from initiating any coercive action pending appeal filed before the respondent No.1.
2. This case has got a checkered history. This Court, on 1/3
earlier occasion, granted interim relief only on the premise that in the earlier round of litigation, interim order has been granted by this Court. In such view of the matter, the contempt petition was closed. Now, the learned counsel for the petitioner seeks an interim protection, as the respondent No.1 is neither passing any order nor disposing of the interim application filed.
3. There are two ways open to us, namely, granting interim protection till the disposal of the appeal and granting such protection till the disposal of the interlocutory application.
4. The learned counsel for the respondent Corporation, namely, respondent No.3 submitted that the issue is pending for quite long and violation is huge. Therefore, it would be appropriate that the first respondent is directed to dispose of the appeal within a reasonable time.
5. Considering the above and taking note of the earlier order passed, we direct the authorities to maintain an order of status quo till the disposal of the appeal. This order we passed for the sole reason that earlier interim order was granted in the writ petition.
6. In such view of the matter, we direct the respondent No.1 to dispose of the pending appeal filed by the petitioner dated 22.01.2021 within eight weeks from the date of receipt of a copy of this order, of course, after hearing the respondent No.3. Till such time, status quo as of today shall be maintained. We are also constrained to note that there is no lock and seal as of now and even on that ground, there is a difference. The respondent No.1 shall consider the appeal on its own merits without influenced by any of our observations made in the present writ petition or the earlier one.
7. The writ petition stands disposed of accordingly. No costs. Consequently connected Miscellaneous Petition is closed. Sd/- Assistant Registrar // True Copy // / /2021 Sub Assistant Registrar(CS) RR To 1.The Secretary Housing and Urban Development Department Fort St. George, Chennai.
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2.The District Collector Nagercoil Kanyakumari District +1 CC to M/s.L.CHANDRA KUMAR, Advocate ( SR-4379[F] dated 10/02/2021) +1 CC to M/s.SPL GP ( SR-4661[F] dated 12/02/2021 ) Order made in Dated: 10.02.2021 (NSM)CO AP(23/02/2021) 3P 5C 3/3