IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 28.02.2017 CORAM THE HON'BLE MR.HULUVADI G.RAMESH, ACTING CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE R.MAHADEVAN W.P.No.4997 of 2017 A.Shabbir .. Petitioner Vs.
1. Chennai Metropolitan Development Authority rep. by its Member Secretary No.1, Gandhi Irwin Road, Egmore Chennai-8.
2. 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 Old No.289, New No.138, Lingi Chetty Street, Chennai-1 pending determination of the Revision Petition submitted by the petitioner under Section 80-A and 80-A (3) of the Tamil Nadu Town and Country Planning Act dated 20.02.2017.
For Petitioner : Mr.R.Mohan For Respondents : Ms.Vasudha Thiagarajan Addl. Government Pleader for 2nd respondent Mr.K.Raja Srinivas for 1st respondent ORDER (Order of the Court was made by the Acting Chief Justice) Mr.K.Raja Srinivas, learned counsel takes notice for the first respondent and Ms.Vasudha Thiagarajan, learned Additional Government Pleader takes notice for the second 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 Old No.289, New No.138, Lingi Chetty Street, Chennai-1 pending determination of the Revision Petition submitted by the petitioner under Section 80-A and 80-A (3) of the Tamil Nadu Town and Country Planning Act dated 20.02.2017.
4. The petitioner claims to be the owner of the property. It is stated that due to certain deviations, the first respondent issued a lock and seal notice on 2.2.2017. Against the same, the petitioner has preferred a special revision under Section 80A of the Act along with a petition for stay on 20.2.2017. However, it is alleged that no orders have been passed by the second respondent even in the stay petition till date. Hence, the present writ petition is filed.
5. Considering the facts and circumstances of the case, we direct the second respondent to consider the special revision petition and the stay petition filed by the petitioner on 20.2.2017 and pass appropriate orders, on merits and in accordance with law, after affording an opportunity of hearing to the petitioner within three months from the date of receipt of a copy of this order. Till the disposal of the special revision, no coercive steps shall be taken by the respondent authorities.
The writ petition is disposed of accordingly. No costs.
Consequently, W.M.P.No.5258 of 2017 is closed.
Index : No Internet : Yes sasi To:
1. The Member Secretary (H.G.R., ACJ.) (R.M.D., J.) 28.02.2017 Chennai Metropolitan Development Authority No.1, Gandhi Irwin Road, Egmore Chennai-8.
2. 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.4997 of 2017 28.02.2017 http://www.judis.nic.in