WP/34093/2017 of Viswanathan, 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.50/44, Plot No.5, West Namachivayapuram,Choolaimedu, Chennai-94, within a time fixed by this Court.

For Petitioner : Mr.S.C.ViswanthFor Respondent-1 : Mr.T.M.Pappiah, Spl.G.P.For Respondents 2 & 3 :Mr.A.Nagarajan

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.

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.50/44, Plot No.5, 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.5, West Namachivayapuram, Choolaimedu,Chennai-94 by the City Improvement Trust under the World BankScheme and the petitioner's father has constructed a hut thereonand during the year 1970, due to flood, the entire locality hadbeen ravished. After the demise of the petitioner's fatherduring 1997 and after completing the entire instalment, the SlumClearance Board had executed a Sale Deed in favour of thepetitioner. While so the petitioner has submitted a proposedplan for renovation and construction of house and the same wasapproved by the Estate Officer of the Slum Clearance Board.Further, all the revenue dues including water tax, property taxhave been paid to the said property. While so, the thirdrespondent issued a stop work notice to the petitioner callingfor approved plan. The petitioner furnished all the documentspertaining to the property in question including the planapproval from the Corporation of Chennai. Again, on 09.11.2017,the third respondent issued locking and sealing notice to thepetitioner. Immediately, the petitioner approached the firstrespondent by filing a Appeal under Section 80(A) of the TamilNadu town and Country Planning Act under Section 79 read with 80(A)of the Tamil Nadu Town and Country Planning Act, 1971 on12.12.2017 and the same is still pending. Apprehending that therespondents would initiate coercive action, the petitioner hascome 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.

-s/d-

Assistant Registrar(CS-IV)

True Copy

Sub-Assistant Registrar

To

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

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

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

+1 CC to Mr.A. Nagarajan, Advocate sr 92626.+1 CC to Govt. Pleader sr 92661.

+1 CC to Mr.S.C. Vishwanth, Advocate sr 92641.

WP.No.34093 of 2017&WMP.No.37846 of 2017

SP(10/01/2018)