IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 02.03.2017 CORAM THE HON'BLE MR.HULUVADI G.RAMESH, ACTING CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE R.MAHADEVAN W.P.No.5255 of 2017 R.Saravanan, S/o.P.Rajagopal Partner, M/s.Hotel Saravana Bhavan Having Corporate Office at No.230 NSK Salai, Vadapalani, Chennai – 26. .. Petitioner Vs.
1. The State Government of Tamil Nadu Rep. by its Secretary Housing and Urban Development Department Fort St. George, Chennai.
2. The Commissioner Corporation of Chennai Rippon Building Chennai.
3. The Executive Engineer Greater Chennai Corporation Zonal Office-X No.117, N.S.K. Salai Kodambakkam, Chennai - 600 024. .. Respondents PRAYER: Petition under Article 226 of the Constitution of India for issuance of a writ of Mandamus directing the 1st respondent to dispose of the Appeal filed on 18.11.2016 by the Petitioner against the Impugned notice of the 3rd respondent dated 19.10.2016 vide proceedings bearing Notice No.Zone-10/TP Enforcement/001/2016 in accordance with law.
For Petitioner : Mr.Venkatachalapathy Senior Counsel for Mr.S.Ratnakaran For Respondents : Mr.R.Vijayakumar Addl. Government Pleader for 1st respondent Mr.R.Arunmozhi for respondents 2 and 3 ORDER (Order of the Court was made by the Acting Chief Justice) Mr.R.Vijayakumar, learned Additional Government Pleader takes notice for the first respondent and Mr.R.Arunmozhi, learned counsel takes notice for respondents 2 and 3.
2. Heard the learned counsel for the parties.
3. The petitioner has filed this writ petition seeking issuance of a writ of Mandamus directing the 1st respondent to dispose of the Appeal filed on 18.11.2016 by the petitioner against the impugned notice of the 3rd respondent dated 19.10.2016 vide proceedings bearing Notice No.Zone-10/TP Enforcement/001/2016 in accordance with law.
4. The petitioner is carrying on hotel business in the premises in question. It is averred that there is difference of opinion between the landlord and the petitioner and civil disputes are pending between them. It is the plea of the petitioner that the landlord, who was unsuccessful in vacating the petitioner, has influenced the Corporation officials to initiate proceedings under the provisions of the Tamil Nadu Town and Country Planning Act, 1971 and consequently, de- occupation notice was issued on the landlord on 19.10.2016. Aggrieved by the said notice, the petitioner has preferred an appeal under Section 80A of the said Act and the same is pending consideration. Hence, he has filed this writ petition for the relief stated supra.
5. Admittedly, the petitioner is only a tenant in the said property. The person who should be more aggrieved by the de- occupation notice is the landlord, who is not a party before us. That apart, the landlord has not filed any appeal under Section 80A of the Act till date. It is also on record that there are various civil litigations pending between the petitioner and his landlord. If the petitioner has preferred an appeal along with stay petition, it is for the authorities concerned to consider the same. The petitioner may approach the respondent authorities in this regard praying for early disposal.
The writ petition is disposed of accordingly. No costs.
Consequently, W.M.P.No.5577 of 2017 is closed.
Index : No Internet : Yes sasi To:
1. The Secretary State Government of Tamil Nadu (H.G.R., ACJ.) (R.M.D., J.) 02.03.2017 Housing and Urban Development Department Fort St. George, Chennai.
2. The Commissioner Corporation of Chennai Rippon Building Chennai.
3. The Executive Engineer Greater Chennai Corporation Zonal Office-X No.117, N.S.K. Salai Kodambakkam, Chennai - 600 024.
HULUVADI G.RAMESH,ACJ.
AND R.MAHADEVAN,J.
(sasi) W.P.No.5255 of 2017 02.03.2017 http://www.judis.nic.in