WP/34068/2017 of N.Aravind Vs Tambaram Municipality on 28 December 2017

1. Tambaram Municipality, rep. by its Commissioner, Tambaram, Chennai.

2. The Government of Tamil Nadu, rep.by its Secretary to Government, Housing and Urban Development Department, Chennai-9....Respondents Prayer:Writ petition filed under Article 226 of The Constitutionof India praying for issuance of a Writ of Mandamus forbearingthe 1st and 2nd respondents or anybody on their behalf frominitiating any coercive action of locking and sealing anddemolition with regard to the building put up at No.301/23,Muthurangam Mudali Street, Tambaram West, Chennai-45 pendingdetermination of the revision petition submitted by thepetitioner under Sections 80(A) and 80-A(3) of the TamilnaduTown and Country Planning Act dated 21.11.2017 with the 2ndrespondent.

For Petitioner : Mr.R.MohanFor Respondents : Mr.T.N.Rajagopalan, SGPOrder of the Court was made by M.S.RAMESH,J

Mr.T.N.Rajagopalan, learned Special Government Pleaderaccepts notice for the respondents. Heard both. By consent, thewrit petition itself is taken up for final disposal.

2. The writ petition has been filed by the petitionerseeking to forbear the respondents from initiating any coercive action of locking and sealing and demolition with regard to thebuilding put up at No.301/23, Muthurangam Mudali Street,Tambaram West, Chennai-45 pending determination of the revisionpetition submitted by the petitioner under Sections 80(A) and80-A(3) of the Tamilnadu Town and Country Planning Act dated21.11.2017 with the 2nd respondent.

3. It stated by the petitioner that he is the owner of thesubject property. He inherited the said property by way of asettlement executed by his father in the year 2016. According tothe petitioner, during 2016 and 2017, he remodeled the entirebuilding without disturbing the main structure and let out thesubject property to a limited company to carry on retailbusiness. While so, the first respondent issued a locking andsealing notice dated 27.9.2017 alleging certain deviations inthe constructions. Further, on 23.12.2017, the officials of thefirst respondent threatened the petitioner and his tenant todiscontinue the use and occupation of the premises. Immediately,the petitioner approached the second respondent by filing aspecial revision petition under Section 80(A) of the Tamil NaduTown and Country Planning Act and a stay application underSection 80(A)(3) of the Tamil Nadu Town and Country Planning Actdated 21.11.2017 and the same are still pending. Apprehendingthat the respondents would initiate coercive action, thepetitioner has come forward with the above writ petition.

4. Considering the facts and circumstances of the case, wedirect the second respondent to consider the revision and thestay petition filed by the petitioner dated 21.11.2017 and passappropriate orders on merits and in accordance with law afteraffording an opportunity of hearing to the petitioner, withinthree months from the date of receipt of a copy of this order.Till the disposal of the revision, no coercive steps shall betaken by the respondent authorities.5. The writ petition is disposed of accordingly. No costs.Consequently, connected WMP is closed.

Sd/-Vacation Officer

RS

To

1. The Commissioner, Tambaram Municipality, Tambaram, Chennai.

2. The Secretary to Government of Tamil Nadu, Housing and Urban Development Department, Chennai-9. Development Department, Chennai-9.

+1cc to Mr.R.Mohan, Advocate SR.No.92595

+1cc to Special Government Pleader SR.No.92660

WP.No.34068 of 2017&WMP.No.37805 of 2017

MR(CO)GN(02/01/2018)