IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 21.02.2017 CORAM THE HON'BLE MR.HULUVADI G.RAMESH, ACTING CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE R.MAHADEVAN W.P.No.4293 of 2017
1. A.Ranjith
2. R.Sowmiya .. Petitioners Vs.
1. The Appellate Authority Secretary to Government Town and Country Planning Department Secretariat, Chennai-9.
2. The Regional Deputy Commissioner (South) Enforcement Cell Adayar, Chennai-20.
3. The Executive Engineer TP (Enforcement), South Adayar, Chennai-20.
4. The Assistant Executive Engineer Union-38, Adayar, Chennai-20.
5. The Junior Engineer Division No.176 Adayar, Chennai-20. .. Respondents PRAYER: Petition under Article 226 of the Constitution of India for issuance of a writ of Mandamus to direct the 1st respondent herein to dispose the petitioners Appeal No..... of 2016 (unnumbered) which was filed on 12.09.2016 within a stipulated time.
For Petitioner : Ms.T.Gnana Banu For Respondents : Mr.T.N.Rajagopalan Spl. Government Pleader for 1st respondent Mr.V.C.Selvasekaran for respondents 2 to 5 ORDER (Order of the Court was made by the Acting Chief Justice) Mr.T.N.Rajagopalan, learned Special Government Pleader takes notice for the first respondent and Mr.V.C.Selvasekaran, learned counsel takes notice for respondents 2 to 5.
2. Heard the learned counsel for the parties.
3. The petitioners have filed this petition seeking issuance of a writ of Mandamus to direct the 1st respondent herein to dispose the petitioners unnumbered appeal which was filed on 12.09.2016 within a stipulated time.
4. The petitioners purchased the property in the year 2015.
Even prior to their purchase, a two floor building was in existence.
The second respondent issued a notice and it was stated that no proper permission has been obtained to construct the building. Thereafter, lock and seal notice was issued on 21.4.2016 and in that notice, it was stated that stop work notice was issued on 5.4.2016. Aggrieved by the same, the petitioner preferred an appeal before the first respondent and pending the same, the present writ petition is filed for the relief stated supra.
5. Considering the facts and circumstances of the case, we direct the first respondent to dispose of the appeal filed by the petitioners in accordance with law within three months from the date of receipt of a copy of this order. In the interregnum, the respondent/authorities shall not take any coercive steps. The petitioners are at liberty to produce all the requisite documents before the first respondent.
The petition is disposed of accordingly. No costs.
Consequently, W.M.P.No.4492 of 2017 is closed.
Index : No Internet : Yes sasi (H.G.R., ACJ.) (R.M.D., J.) 21.02.2017 To:
1. The Appellate Authority Secretary to Government Town and Country Planning Department Secretariat, Chennai-9.
2. The Regional Deputy Commissioner (South) Enforcement Cell Adayar, Chennai-20.
3. The Executive Engineer TP (Enforcement), South Adayar, Chennai-20.
4. The Assistant Executive Engineer Union-38, Adayar, Chennai-20.
5. The Junior Engineer Division No.176 Adayar, Chennai-20.
HULUVADI G.RAMESH,ACJ.
AND R.MAHADEVAN,J.
(sasi) W.P.No.4293 of 2017 21.02.2017 http://www.judis.nic.in