(Order of the Court was made by the Acting Chief Justice) Mr.K.Rajasrinivas, learned counsel takes notice for the first respondent. Mr.T.N.Rajagopalan, learned Special 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 the first respondent or any body on their behalf from initiating any coercive action of locking and sealing and demolition with regard to the building put up at No.18, Lakshmi Hyagrivar Nagar 4th Cross Street, Adambakkam, Chennai 88 pending determination of the Revision / Appeal petition submitted by the petitioner under Section 80-A and 80-A (3) of the Tamil Nadu Town and Country Planning Act dated 27.2.2017 with the second respondent.
4. The petitioner claims to be the developer of the property at No.18, Lakshmi Hyagrivar Nagar 4th street, Adambakam, Chennai-88, having constructed the same after obtaining planning permission from the authorities concerned. It is stated that due to certain deviations, the first respondent issued a lock and seal notice on 27.01.2017. Against the same, the petitioner has preferred a special revision under Section 80-A of the Act along with a petition for stay on 17.02.2017 before the second respondent. 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 17.02.2017 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.
6. The writ petition is disposed of accordingly. No costs. Consequently, W.M.P.No.6140 of 2017 is closed.
(H.G.R., ACJ.) (M.S., J.) 08.03.2017 Index : Yes/No Internet : Yes bbr To:
1. The Member Secretary, Chennai Metropolitan Development Authority, No.1, Gandhi Irwin Road, Egmore, Chennai 8.
2. The Secretary to Government, Housing and Urban Development Department, Fort St. George, Chennai 9.
HULUVADI G.RAMESH,ACJ.
AND M.SUNDAR,J.
bbr W.P.No.5737 of 2017 08.03.2017