IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 03.03.2017 CORAM THE HON'BLE MR.HULUVADI G.RAMESH, ACTING CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE R.MAHADEVAN W.P.No.5426 of 2017 and W.M.P.No.5755 of 2017 Vs.
1 The Commissioner Corporation of Chennai Rippon Buildings Chennai-3.
2 The Executive Engineer (Enforcement) Zone V, Corporation of Chennai No.62 Basin Bridge Road Chennai-21.
3 The Government of Tamil Nadu rep. by its Secretary to Government Housing and Urban Development Department Fort St. George, Chennai-9. .. Respondents PRAYER: Petition under Article 226 of the Constitution of India for issuance of a writ of Mandamus forbearing respondents 1 and 2 or anybody on their behalf from initiating any coercive action of locking and sealing and demolition with regard to the building put up at New No.51, Old No.25, Mullah Sahib Street, Kondithope, Chennai-79 pending determination of the Revision/Appeal petition submitted by the petitioner under section 80-A and 80-A (3) of the Tamil Nadu Town and Country Planning Act dated 7.2.2017.
For Petitioner : Mr.R.Mohan For Respondents : Mr.A.Nagarajan for respondents 1 and 2 Mr.T.N.Rajagopalan Spl. Government Pleader for 3rd respondent ORDER (Order of the Court was made by the Acting Chief Justice) Mr.A.Nagarajan, learned counsel takes notice for respondents 1 and 2. Mr.T.N.Rajagopalan, learned Special Government Pleader takes notice for the third respondent.
2. Heard the learned counsel for the parties.
3. The petitioner has filed this writ petition seeking issuance of a writ of Mandamus forbearing respondents 1 and 2 or anybody on their behalf from initiating any coercive action of locking and sealing and demolition with regard to the building put up at New No.51, Old No.25, Mullah Sahib Street, Kondithope, Chennai-79 pending determination of the Revision/Appeal petition submitted by the petitioner under section 80-A and 80-A (3) of the Tamil Nadu Town and Country Planning Act dated 7.2.2017.
4. The petitioners claim to be joint owners of the property. The Corporation authorities found deviations/unauthorized constructions in the premises and issued Lock and Seal and Demolition Notice on 3.2.2017. Aggrieved by the same, the petitioners filed an appeal dated 7.2.2017 under Section 80A of the TN Town and Country Planning Act, 1971 along with stay petition. However, no orders have been passed till date. Hence, the present writ petition.
5. Considering the facts and circumstances of the case, we direct the third respondent to consider the appeal and the stay petition filed by the petitioners on 7.2.2017 and pass appropriate orders, on merits and in accordance with law, after affording an opportunity of hearing to the petitioners within three months from the date of receipt of a copy of this order. Till the disposal of the appeal, no coercive steps shall be taken by the respondent authorities.
The writ petition is disposed of accordingly. No costs.
Consequently, connected miscellaneous petition is closed.
Index : No Internet : Yes sasi (H.G.R., ACJ.) (R.M.D., J.) 03.03.2017 To:
1 The Commissioner Corporation of Chennai Rippon Buildings Chennai-3.
2 The Executive Engineer (Enforcement) Zone V Corporation of Chennai No.62 Basin Bridge Road Chennai-21
3 The Secretary to Government Government of Tamil Nadu Housing and Urban Development Department Fort St. George Chennai-9.
HULUVADI G.RAMESH,ACJ.
AND R.MAHADEVAN,J.
(sasi) W.P.No.5426 of 2017 03.03.2017