(Order of the Court was made by the Acting Chief Justice) Mr.A.Nagarajan, learned counsel takes notice for respondents 1 and 2 and Mr.R.Vijayakumar, learned Additional Government Pleader takes notice for the third respondent.
2. 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 52/1, (116) Varadha Muthiappan Street, George Town, Chennai - 600 001 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 11.01.2017 with the 3rd respondent.
3. It is the case of the petitioner that he is the owner of the property and reconstructed the building after obtaining permission. He states that while reconstructing, there were minor deviations from the approved plan. It is alleged that the second respondent issued lock and seal and demolition notice and de-occupation notice dated 26.8.2016 on the ground that the constructed building violates the approval accorded. Assailing the same, the petitioner preferred special revision petition under Section 80A of the Tamil Nadu Town and Country Planning Act, 1971 along with a stay petition on 11.1.2017 and the same is pending consideration with the third respondent. Apprehending that the respondent authorities will take coercive action against the petitioner pending disposal of the special revision, the present writ petition is filed for the relief stated supra.
4. Considering the facts and circumstances of the case, we direct the third respondent to consider the special revision petition and the stay petition filed by the petitioner on 11.1.2017, if the same is not already disposed of, 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.6707 of 2017 is closed.
(H.G.R., ACJ.) (T.K.R., J.) 15.03.2017 Index : No Internet : Yes sasi To:
1 The Commissioner Corporation of Chennai Rippon Building Chennai - 600 003.
2 The Executive Engineer Zone 5, O/o Regional Deputy Commissioner (North) Corporation of Chennai No.62, Basin Bridge Road Chennai - 600 021, 3 The Secretary to Government Government of Tamilnadu Housing and Urban Development Department Fort St. George, Chennai - 600 009.
HULUVADI G.RAMESH,ACJ.
AND RMT.TEEKA RAMAN,J.
(sasi) W.P.No.6214 of 2017 15.03.2017 http://www.judis.nic.in