Madras High Court
WP/34064/2017 of J.Bharath Kumar, 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
THE HONOURABLE MR.JUSTICE M.S.RAMESHANDTHE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN
WRIT PETITION NO.34064 OF 2017 & WMP.NO.37798 OF 2017
J.Bharath Kumar ...Petitioner
Vs
1. The State of Tamil Nadu, rep.by its Secretary to Government, its Secretary to Government, Housing and Urban Development Department, Fort St. George, Chennai-9. Department, Fort St. George, Chennai-9.
2. The Greater Chennai Corporation, rep.by its Commissioner, Rippon Buildings, Chennai-3. 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 respondentsin any manner initiating any coerciveaction of locking and sealing and demolition of petitioner'spremises No.110/1(87/1), Varadamuthiyappan Street, Sowcarpet,Chennai-1 till the final determination of his special revisionpetition filed under Section 80-A of the Town Planning Act alongwith stay petition filed under Section 80-A(3) of the Act dated06.7.2017 pending with the first respondent.
For Petitioner : Mr.P.RamanathanFor Respondent-1 : Mr.T.N.Rajagopalan, SGPFor Respondents 2 & 3 :Mr.A.Nagarajan
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ORDER:
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.
https://hcservices.ecourts.gov.in/hcservices/
2. The writ petition has been filed by the petitionerseeking to forbear respondents 2 and 3 from in any wayinterfering with the petitioner's premises at No.110/1(87/1),VaradamuthiyappanStreet,Sowcarpet,Chennai-1,moreparticularly by way of locking and sealing and demolition of thesame, pending final determination of the petitioner's specialrevision petition and stay petition dated 06.7.2017 filed underSections 80-A and 80-A(3) of the Tamil Nadu Town and CountryPlanning Act with the first respondent.
3. It stated by the petitioner that he is the owner of thesubject property. He got the said property by way of a sale deeddated 09.12.2010. According to the petitioner, though heobtained an approved plan, while constructing the building, thepetitioner made some minor additions and alteration to suit hisneeds. While so, the third respondent issued a notice dated28.1.2016 to the petitioner calling for approved plan. Thepetitioner furnished all the documents pertaining to theproperty in question including the plan approval from theCorporation of Chennai. Again, the third respondent issued thelocking and sealing notice dated 28.3.2017 and also thedeoccupation notice dated 13.4.2017 to the petitioner.Immediately, the petitioner approached the first respondent byfiling a special revision petition under Section 80(A) of theTamil Nadu town and Country Planning Act and a stay petitionunder Section 80(A)(3) of the Tamil Nadu Town and CountryPlanning Act on 06.7.2017 and the same are still pending.Apprehending that the respondents would initiate coerciveaction, the petitioner has come forward with the above writpetition.
4. Considering the facts and circumstances of the case, wedirect the first respondent to consider the revision and thestay petition filed by the petitioner on 06.7.2017 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.
Assistant Registrar(V.O)
Sub-Assistant Registrar
To
1. The Secretary to Government of Tamil Nadu, Housing & Urban Development Department, Fort St. George, Chennai-9.
2. The Commissioner, Greater Chennai Corporation, Rippon Buildings, Chennai-3.
3. The Executive Engineer, Zone V, Greater Chennai Corporation, No.61, Basin Bridge Road, Chennai-21.
+1 CC to Mr.P. Ramanathan, Advocate sr 92599
+1 CC to Mr.A.Nagarajan, advocate sr 92620.
+1 CC to Govt. Pleader sr 92662.
WP.No.34064 of 2017&WMP.No.37798 of 2017
SP(02/01/2018)