Madras High Court
WP/34066/2017 of J.Savithri, Vs The State of Tamil Nadu, on 28 December 2017
Court of Judicature at Madras Dated : 28.12.2017 Coram : The
In the High Court of Judicature at Madras Dated : 28.12.2017
Coram :
The Honourable Mr.Justice M.S.RAMESHandThe Honourable Mr.Justice G.R.SWAMINATHAN
Writ Petition No.34066 of 2017 & WMP.No.37802 of 2017
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1. J.Savithri2.R.Shobana3.N.Rajeswari4.B.Valli5.C.Kavitha Ganesh...PetitionersVs
1. The State of Tamil Nadu, rep.by its Secretary to Government, Housing and Urban Development Department, Fort St. George, Chennai-9.
2. The Greater Chennai Corporation, rep.by its Commissioner, Rippon Buildings, Chennai-3.
3. The Executive Engineer, Zone V, Greater Chennai Corporation, No.61, Basin Bridge Road, Chennai-21.
...Respondents
PETITION under Article 226 of The Constitution of Indiapraying for issuance of a Writ of Mandamus forbearing the secondand third respondents from in any way interfering with theirpremises at door No.51(26), Kanthappa Chetty Street,Kothavalchavadi, Sowcarpet, Chennai-1, more particularly by wayof locking sealing and demolition of the same pending finaldetermination of the special revision petition and stay petitiondated 25.9.2017 filed under Sections 80(A) and 80-A(3) of theTamilnadu Town and Country Planning Act with the 1st respondent.
For Petitioners : Mr.R.SrinivasaluFor Respondent-1 : Mr.T.N.Rajagopalan, SGPFor Respondents 2 & 3 : Mr.A.Nagarajan Order of the Court was made by M.S.RAMESH,J
Mr.T.N.Rajagopalan, learned Special Government Pleaderaccepts notice for the first respondent. Mr.A.Nagarajan, learnedStanding Counsel accepts notice for respondents 2 and 3.
2. The writ petition has been filed by the petitionersseeking to forbear respondents 2 and 3 from in any wayinterfering with the petitioners' premises at door No.51(26),Kanthappa Chetty Street, Kothavalchavadi, Sowcarpet, Chennai-1,more particularly by way of locking sealing and demolition ofthe same pending final determination of the special revisionpetition and stay petition dated 25.9.2017 filed under Sections80(A) and 80-A(3) of the Tamilnadu Town and Country Planning Actwith the first respondent.
3. It stated by the petitioners that they are the jointowners of the subject property. They acquired the said propertyby way of a sale deed dated 11.11.2010. According to thepetitioners, though they obtained an approved plan for theconstruction of residential and commercial building, whileconstructing the building, the petitioners made some minoradditions and alteration to suit their needs. The petitionersstate that they let out some portions in the subject property.While so, the third respondent issued a stop work notice to thepetitioners calling for approved plan. The petitioners furnishedall the documents pertaining to the property in questionincluding the plan approval from the Corporation of Chennai.Again, the third respondent issued the locking and sealingnotice dated 06.5.2016 to the petitioners and also thedeoccupation notice dated 15.9.2017 to the tenants of thepetitioners. Immediately, the petitioners approached the firstrespondent by filing a special revision petition under Section80(A) of the Tamil Nadu town and Country Planning Act and a staypetition under Section 80(A)(3) of the Tamil Nadu Town andCountry Planning Act on 25.9.2017 and the same are stillpending. Apprehending that the respondents would initiatecoercive action, the petitioners have come forward with theabove writ petition.
4. Considering the facts and circumstances of the case, wedirect the first respondent to consider the revision and thestay petition filed by the petitioners on 25.9.2017 and passappropriate orders on merits and in accordance with law afteraffording an opportunity of hearing to the petitioners, 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.
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5. The writ petition is disposed of accordingly. No costs.Consequently, the connected WMP is closed.
Sd/-Vacation Officer//True copy//Sub Assistant RegistrarrsTo1.The Secretary to Government of Tamil Nadu,Housing & UrbanDevelopment Department, Fort St. George, Chennai-9.2.The Commissioner, Greater Chennai Corporation, RipponBuildings, Chennai-3.3.The Executive Engineer, Zone V, Greater Chennai Corporation,No.61, Basin Bridge Road, Chennai-21.+1cc to Mr.R.Srinivasan, Advocate SR.No.92597+1cc to Mr.A.Nagarajan, Advocate SR.No.92622+1cc to Government Pleader SR.No.92665WP.No.34066 of 2017& WMP.No.37802 of 2017GN(02/01/2018)