Al-Ameen, S/O. Mr. Amanullah, v. The State Of Tamilnadu,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 27.03.2024

CORAM:

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR and THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR and W.M.P.(MD) Nos.1311 & 11104 of 2019 Al-Ameen ... Petitioner -vs1.The State of Tamil Nadu Represented by the Principal Secretary Department of Municipal Administration and Water Supply Fort St. George Chennai - 600 009 2.The Kuzhithurai Municipality Represented by its Commissioner Kuzhithurai Kanyakumari District 3.The Local Planning Authority Represented by its Member Secretary (in-charge) Kuzhithurai Kanyakumari District ... Respondents

PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of mandamus forbearing the respondents from initiating any coercive action until disposal of the application preferred by the petitioner under Section 80-A of the Town and Country Planning Act, 1971 on the file of the first respondent, within the time stipulated by this Court. For Petitioner :

Mr.P.Vetrivel For Respondents :

Mr.T.Amjad Khan Government Advocate for R1 Mr.P.Athimoola Pandian for R2

O R D E R

[Order of the Court was made by D.KRISHNAKUMAR, J.] Prayer in this writ petition is to forbear the respondents from initiating any coercive action until disposal of the application preferred by the petitioner under Section 80-A of the Town and Country Planning Act, 1971, within the time stipulated by this Court.

2. Today, when the matter was taken up for hearing, learned counsel for the petitioner submitted that the petitioner has filed an appeal under Section 80-A of the Town and Country Planning Act, 1971 before the

appellate authority and he same is still pending. Therefore, till the disposal of the said appeal, the authority concerned may be directed not to take any coercive action as against the petitioner.

3. Taking into consideration the fact that the appeal filed by the petitioner under Section 80-A of the Town and Country Planning Act, 1971 is pending before the first respondent, we direct the first respondent to consider and pass orders in the appeal filed by the petitioner, on merits and in accordance with law, within a period of twelve weeks from the date of receipt of a copy of this order.

4. With the above direction, this writ petition is disposed of. No costs. Consequently, connected miscellaneous petitions are closed. [D.K.K., J.] [R.V., J.] 27.03.2024 (1/11) NCC :

Yes / No Index :

Yes / No Internet :

Yes / No krk

To:

1.The Principal Secretary, The State of Tamil Nadu, Department of Municipal Administration and Water Supply, Fort St. George, Chennai - 600 009.

2.The Local Planning Authority.

Represented by its Member Secretary (in-charge). Kuzhithurai.

Kanyakumari District.

D.KRISHNAKUMAR , J.

and R.VIJAYAKUMAR, J.

krk and W.M.P.(MD) Nos.1311 & 11104 of 27.03.2024 (1/11)