WP/34092/2017 of R.Ravi Vs The Secretary on 28 December 2017

1. The Secretary, Housing and Urban Development Department, Fort St. George, Chennai-9.

2. The Assistant Engineer, Division No.109 (76), Gill Nagar, Choolaimedu, Chennai-94.3. The Executive Engineer, Zone-09, No.01, Lake Area, 4[th] Street, Nungambakkam, Chennai-34. ...Respondents PETITION under Article 226 of The Constitution of Indiapraying for issuance of a Writ of Mandamus, directing the 1[st]respondent to dispose of the Statutory Appeal filed by thepetitioner under Section 79 read with 80-A of the Town andCountry Planning Act, 1971 dated 12.12.2017, with respect to theproperty situated in No.45/50, Plot No.4, West Namachivayapuram,Choolaimedu, Chennai-94, within a time fixed by this Court.

Order of the Court was made by M.S.RAMESH,J

Mr.T.M.Pappiah, learned Special Government Pleader acceptsnotice for the first respondent. Mr.A.Nagarajan, learnedStanding Counsel accepts notice for respondents 2 and 3.

https://hcservices.ecourts.gov.in/hcservices/

2. The writ petition has been filed by the petitionerseeking to issue a Writ of Mandamus, directing the 1[st] respondentto dispose of the Statutory Appeal filed by the petitioner underSection 79 read with 80-A of the Town and Country Planning Act,1971 dated 12.12.2017, with respect to the property situated inNo.45/50, Plot No.4, West Namachivayapuram, Choolaimedu,Chennai-94, within a time fixed by this Court.

3. It stated by the petitioner that his father has beenallotted with Plot No.4, West Namachivayapuram, Choolaimedu,Chennai-94 by the City Improvement Trust under the World BankScheme and the petitioner's father has constructed a housethereon and during the year 1970, due to flood, the entirelocality had been ravished. After the demise of thepetitioner's father during 1992 and after completing the entireinstalment, the Slum Clearance Board had executed a Sale Deed infavour of the petitioner. While so, the third respondent issueda notice to the petitioner calling for approved plan. Again, on09.11.2017, the third respondent issued locking and sealingnotice to the petitioner. Immediately, the petitioner approachedthe first respondent by filing a Appeal under Section 80(A) ofthe Tamil Nadu town and Country Planning Act under Section 79read with 80(A)of the Tamil Nadu Town and Country Planning Act,1971 on 12.12.2017 and the same is 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 first respondent to consider the Appeal filed by thepetitioner on 12.12.2017 and pass appropriate orders on meritsand in accordance with law after affording an opportunity ofhearing to the petitioner, within three months from the date ofreceipt of a copy of this order. Till the disposal of therevision, no coercive steps shall be taken by the respondentauthorities.

5. The writ petition is disposed of accordingly. No costs.Consequently, connected miscellaneous petition is closed.

Assistant Registrar(CCC) //True Copy//

tsi

To

1. The Secretary, Housing and Urban Development Department, Fort St. George, Chennai-9. Housing and Urban Development Department, Fort St. George, Chennai-9.

2. The Assistant Engineer, Division No.109 (76), Gill Nagar, Choolaimedu, Chennai-94. Division No.109 (76), Gill Nagar, Choolaimedu, Chennai-94.

3. The Executive Engineer, Zone-09, No.01, Lake Area, 4[th] Street, Nungambakkam, Chennai-34.

+1 cc to Mr.Viswanath Advocate sr 92642+1 cc to Govt Pleader sr 92659

aa11/01/2018

WP.No.34092 of 2017&WMP.No.37846 of 2017