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.5300 of 2017 V.Kamal Chand .. Petitioner Vs.
1. The State of Tamil Nadu Rep. by Secretary to Government Housing and Urban Development Department Fort St. George, Chennai-9.
2. The Corporation of Chennai Rep. by Commissioner Ripon Buildings Chennai-3.
3. The Executive Engineer Zone V, Corporation of Chennai No.61, Basin Bridge Road Chennai-21. .. Respondents PRAYER: Petition under Article 226 of the Constitution of India for 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 Old No.44, New No.30, Perumal Koil Garden Main Street, Kondithope (Sowcarpet), Chennai- 79 pending determination of the Appeal/Revision petition submitted by the petitioner under Section 80A and 80A(3) of the Tamil Nadu Town and Country Planning Act dated 12.09.2016.
For Petitioner : Mr.R.Mohan For Respondents : Mr.T.N.Rajagopalan Spl. 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.T.N.Rajagopalan, learned Special 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 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 Old No.44, New No.30, Perumal Koil Garden Main Street, Kondithope (Sowcarpet), Chennai- 79 pending determination of the Appeal/Revision petition submitted by the petitioner under Section 80A and 80A(3) of the Tamil Nadu Town and Country Planning Act dated 12.09.2016.
4. The petitioner is the owner of the property in question.
Alleging that there was unauthorized construction, the Corporation authorities issued lock and seal notice. Challenging the same, the petitioner filed an appeal under Section 80A of the said Act along with an application for stay and the same are pending before the first respondent. Apprehending that the respondent authorities may proceed with locking and 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 appeal and stay petition filed by the petitioner on 12.9.2016 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 appeal, no coercive steps shall be taken by the respondent authorities.
The writ petition is disposed of accordingly. No costs.
Consequently, W.M.P.No.5609 of 2017 is closed.
Index : No Internet : Yes sasi To:
1. The Secretary to Government State of Tamil Nadu (H.G.R., ACJ.) (R.M.D., J.) 02.03.2017 Housing and Urban Development Department Fort St. George, Chennai-9.
2. The Commissioner Corporation of Chennai Ripon Buildings Chennai-3.
3. The Executive Engineer Zone V, Corporation of Chennai No.61, Basin Bridge Road Chennai-21.
HULUVADI G.RAMESH,ACJ.
AND R.MAHADEVAN,J.
(sasi) W.P.No.5300 of 2017 02.03.2017 http://www.judis.nic.in