(Order of the Court was made by the Acting Chief Justice) Mr.M.K.Subramanian, learned Government Pleader takes notice for the first respondent and Mr.R.Arunmozhi, learned counsel takes notice for respondents 2 to 4.
2. The petitioners have filed this writ petition seeking issuance of a writ of Mandamus forbearing respondents 2 to 4 from in any way interfering with the building at New No.19, Old No.9, Nattu Pillaiyar Koil street, Sowcarpet, Chennai-600 079 particularly by way of De-Occupation Notice, pending final determination of the appeal dated 03.03.2017 pending with the 1st respondent under section 80A of the Tamil Nadu Town and Country Planning Act, 1971.
3. The petitioners are owners of the property. A de-occupation notice was issued on 28.2.2017 directing the petitioners to discontinue occupation of the premises with three days. The petitioners filed appeal under Section 80A of the Act on 2.3.2017 and the same is pending consideration. Apprehending that the respondents may take coercive action pending disposal of the appeal, the present writ petition is filed.
4. Considering the facts and circumstances of the case, we direct the first respondent to consider the appeal filed by the petitioner on 2.3.2017 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. All the contentions raised in this writ petition are left open to be urged by the petitioners before the appellate authority.
The writ petition is disposed of accordingly. No costs. Consequently, W.M.P.No.7037 of 2017 is closed.
(H.G.R., ACJ.) (T.K.R., J.) 17.03.2017 Index : No Internet : Yes sasi To:
1 The Secretary Government of Tamilnadu Housing & Urban Development Department Secretariat, Fort St. George Chennai - 600 009.
2 The Principal Chief Engineer The Greater Chennai Corporation Rippon Building, Chennai.
3 The Executive Engineer (Enforcement) RDC (North Office), Zone-V The Greater Chennai Corporation Chennai.
4 The Assistant Executive Engineer Division 55, Unit 13, Zone V No.28, Seven Wells Street Chennai - 600 001.
HULUVADI G.RAMESH,ACJ.
AND RMT.TEEKA RAMAN,J.
(sasi) W.P.No.6540 of 2017 17.03.2017 http://www.judis.nic.in