(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. Mr.R.Arunmozhi, learned counsel takes notice for respondents 2 to 4. 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 to 4 from in any way interfering with the building at Nos.1, 3, 5 (1,2,3), Stringer Street, Kothavalchavadi, Chennai-1 by way of locking and sealing and demolition and de-occupation notice till the final determination of the petitioner's special revision petition filed under Sec.80-A of the Tamil Nadu Town and Country Planning Act, 1971 pending with the 1st respondent.
4. The petitioner claims to be the owner of the building, having constructed the same after obtaining planning permission from the authorities concerned. It is stated that due to certain deviations, the second respondent issued a lock and seal notice on 27.5.2016. Against the same, the petitioner has preferred a special revision under Section 80A of the Act along with a petition for stay on 15.11.2016. However, it is alleged that no orders have been passed by the first 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 first respondent to consider the special revision petition and the stay petition filed by the petitioner on 15.11.2016 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 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.5665 of 2017 is closed.
Index : Yes/No Internet : Yes bbr To:
1. The Secretary, (H.G.R., ACJ.) (R.M.D., J.) 02.03.2017 Housing & Urban Development Department, Secretariat, Fort St. George, Chennai-600 009.
2. The Regional Deputy Commissioner (North), Greater Chennai Corporation, Having office at No.61, Basin Bridge Road, Old Washermenpet, Chennai – 600 021.
3. The Executive Engineer, Greater Chennai Corporation, Zone – V, No.61, Basin Bridge Road, Old Washermenpet, Chennai-600 021.
4. The Assistant Executive Engineer, Division – 57, Unit – 13, Zone – V, Sowcarpet, Chennai – 600 001.
HULUVADI G.RAMESH,ACJ.
AND R.MAHADEVAN,J.
bbr W.P.No.5323 of 2017 02.03.2017 http://www.judis.nic.in