Omar Iqbal v. The Secretary

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.04.2025

CORAM:

THE HONOURABLE MRS.JUSTICE J.NISHA BANU AND THE HONOURABLE MRS.JUSTICE S.SRIMATHY W.P.(MD)No.3223 of 2025 Omar Iqbal ... Petitioner Vs

1. The Secretary, Urban and Housing Department, Secretariat, Chennai.

2. The Commissioner, Tiruchirappalli Municipal Corporation, Tiruchirappalli.

3. The Assistant Commissioner, Zone 1, Tiruchirappalli Municipal Corporation, Tiruchirappalli.

... Respondents PRAYER :- Writ Petition filed under Article 226 of Constitution of India, praying this Court to issue of Writ of Mandamus directing the 2nd respondent to consider petitioner's representation dated 27.01.2025 and not to take any coercive steps till the disposal of the application in DTCP/

Reg-113C/ 220/2018 dated 27.12.2018 on the file of the 1st respondent. For Petitioner : Mr.A.V.Saha For R1 : Mrs.D.Farjana Ghoushia, Special Government Pleader For R2 & R3 : Mr.R.Kishore Ram for M/s.R.B.Law Associates

ORDER

[Order of the Court was made by J.NISHA BANU, J.] This Writ Petition has been filed for a direction to the 2nd respondent to consider the petitioner's representation dated 27.01.2025 and not to take any coercive steps till the disposal of the application in DTCP/Reg-113C/ 220/2018 dated 27.12.2018 on the file of the 1st respondent.

2.The learned counsel appearing for the respondents 2 and 3 would submit that the matter regarding regularisation is seized of by the Hon'ble Supreme Court and the only remedy available to the petitioner is to await for the orders of the Hon'ble Supreme Court.

3.Relying on the judgment of this court dated 27.07.2023 in W.P.No.9725 of 2017, he would pray that a similar order may be passed in this Writ Petition also.

4.The Hon'ble First Bench of this Court in W.P.No.9725 of 2017 by order dated 27.07.2023 [K.Perumal Vs. The State of Tamil Nadu, Rep.by the Secretary to Government and others], while dealing with the Writ Petitions, seeking directions to enforce the locking and sealing and demolition notice, held as under:- "3.We have disposed of other writ petitions, with an observation that, "if subsequently after the orders are passed by the Apex Court and the petitioners have any remedy open, they are entitled to agitate the same afresh. In that event, all contentions are kept open". We have observed that the parties may take steps pursuant to the judgment of the Apex Court. 4.In case, after the judgment of the Apex Court, if it is found that the fifth respondent is not entitled for regularisation, then the petitioner may agitate afresh."

5.Therefore, the same order is applicable to the petitioner also. Accordingly, this Writ Petition is disposed of. No costs. [J.N.B., J.] & [S.S.Y., J.] 03.04.2025 NCC : Yes / No Index : Yes / No RR To The Secretary, Urban & Housing Department, Secretariat, Chennai.

J.NISHA BANU, J.

AND S.SRIMATHY, J.

RR W.P.(MD)No.3223 of 2025 03.04.2025