IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 03.03.2017 CORAM THE HON'BLE MR.HULUVADI G.RAMESH, ACTING CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE R.MAHADEVAN W.P.No.5427 of 2017 and W.M.P.No.5748 of 2017 Tarakaram rep. by his Power Agent Mr.J.Harikumar No.32/26 Arumugam Street, George Town, Chennai - 600 079. .. Petitioner Vs.
1 Government of Tamil Nadu Rep. by its Secretary to Government Housing and Urban Development Department Fort St. George Chennai 9.
2 The Corporation of Chennai Rep. by its Commissioner Rippon Buildings Chennai 600 003.
3 The Executive Engineer Zone V Corporation of Chennai 62 Basin Bridge Road Chennai 600 021. .. Respondents PRAYER: Petition under Article 226 of the Constitution of India for issuance of a writ of Mandamus forbearing the second and third Respondents or anybody on their behalf from initiating any coercive action of locking and sealing and demolition with regard to the building put up at 32/26 Arumugam Street George Town Sowcarpet Chennai 600 079 pending determination of the revision petition submitted by the petitioner under section 80-A of the Tamil Nadu Town and country planning act dated 01.03.2017 with the first respondent.
For Petitioner : Dr.P.Vasudevan For Respondents : Mr.M.K.Subramanian 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.M.K.Subramanian, learned Government Pleader takes notice for the first respondent. Mr.R.Arunmozhi, learned counsel takes notice for the second and third respondents.
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 2 and 3 or anybody on their behalf from initiating any coercive action of locking and sealing and demolition with regard to the building put up at 32/26, Arumugam Street, George Town, Sowcarpet, Chennai - 600 079, pending determination of the revision petition submitted by the petitioner under section 80-A of the Tamil Nadu Town and Country Planning Act dated 01.03.2017 by the first respondent.
4. The petitioner is the owner of the property. Alleging that there are deviations in the construction, the respondent authorities issued a lock and seal notice. Calling into question the said notice, the petitioner filed a revision under Section 80A of the said Act on 1.3.2017 along with a stay petition and the same is pending consideration. Apprehending that the respondent authorities may take coercive action of locking an sealing of the premises, the present writ petition is filed.
5. Considering the facts and circumstances of the case, we direct the first respondent to consider the revision along with the stay petition filed by the petitioner on 1.3.2017 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 revision, no coercive steps shall be taken by the respondent authorities.
The writ petition is disposed of accordingly. No costs.
Consequently, connected miscellaneous petition is closed.
Index : No Internet : Yes sasi (H.G.R., ACJ.) (R.M.D., J.) 03.03.2017 To:
1 The Secretary to Government Housing and Urban Development Department Fort St. George Chennai 9.
2 The Commissioner Corporation of Chennai Rippon Buildings Chennai 600 003.
3 The Executive Engineer Zone V Corporation of Chennai 62 Basin Bridge Road Chennai 600 021.
HULUVADI G.RAMESH,ACJ.
AND R.MAHADEVAN,J.
(sasi) W.P.No.5427 of 2017 03.03.2017 http://www.judis.nic.in