R. Vijaya v. The Trichirapalli Corporation

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.09.2019

CORAM:

THE HONOURABLE Mr.JUSTICE T.S.SIVAGNANAM AND THE HONOURABLE Mrs.JUSTICE R.THARANI R.Vijaya ... Petitioner Vs.

1. The Trichirappalli Corporation, Represented by its Commissioner, Cantonment, Trichy-1, Trichy District.

2. The Assistant Commissioner, Srirangam Zone, Trichirappalli Corporation, Srirangam, Trichy-6, Trichy District.

3. The Secretary to Government Housing and Urban Development Department, Secretariat, Chennai-600 009.

... Respondents PRAYER:This petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the 3rd respondent herein to dispose the petitioner's stay application in Appeal No.11876 of 2019 on his file within a stipulated period. For Petitioner : Mr.R.Sundar For R1 and R2 : Mr.N.S.Karthikeyan Standing Counsel for Municipality For R3 : Mr.A.Muthukaruppan Additional Government Pleader

ORDER

(Order of this Court was made by T.S.SIVAGNANAM, J) Heard Mr.R.Sundar, learned counsel appearing for the petitioner, Mr.N.S.Karthikeyan, learned Standing Counsel appearing for the first and the second respondents and Mr.A.Muthukaruppan, learned Additional Government Pleader appearing for the third respondent.

1/3

2.By consent on either side, this writ petition is taken up for disposal.

3.The petitioner is before this Court seeking for a direction upon the Secretary to Government, Housing and Urban Development Department, to dispose of the stay petition filed by the petitioner in Appeal No.11876 of 2019 within a stipulated time. 4.The learned counsel for the petitioner submitted that the appeal has been filed by the petitioner as against the order passed by the Trichy Corporation, dated 03.01.2019, rejecting the application filed by the petitioner for regularization of the deviated construction put up by the petitioner. 5.Under normal circumstances, there will not be any delay in disposing of the stay petition, as we are informed that a special cell has been created for considering the appeal petition. However, considering the fact that the stay application is filed on 04.06.2019, we direct the third respondent to consider the stay application in accordance with law within a period of three weeks from the date of receipt of a copy of this order. 6.With the above direction, this Writ Petition stands disposed of. No costs.

Sd/- Assistant Registrar (AS) // True Copy // Sub Assistant Registrar(CS ) To 1.The Trichirappalli Corporation, Represented by its Commissioner, Cantonment, Trichy-1, Trichy District.

2.The Assistant Commissioner, Srirangam Zone, Trichirappalli Corporation, Srirangam, Trichy-6, Trichy District.

3.The Secretary to Government Housing and Urban Development Department, Secretariat, Chennai-600 009.

2/3

+1 CC to Mr.R.SUNDAR, Advocate ( SR-88939[F] dated 24/09/2019 ) +1 CC to Mr.N.S.KARTHIKEYAN, Advocate (SR-89534[F] dated 26/09/2019 ) +1 CC to Spl.GP ( SR-89382[F] dated 25/09/2019 ) 24.09.2019 NS MK (09.10.2019) 3P 7C 3/3