WP/34069/2017 of D.Pandiarajan, Vs Government of Tamilnadu, on 28 December 2017

1. D.Pandiarajan2.N.Deepa Ram...PetitionersVs

1. The Government of Tamil Nadu, rep.by its Secretary to Government, Housing and Urban Development Department, Secretariat, Chennai-9.

2. The Chennai Corporation, rep.by its Commissioner, Rippon Building, Chennai-3.

3. The Executive Engineer, Zone V, Greater Chennai Corporation, No.61, Basin Bridge Road, Chennai-21.

4. G.Andavar...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 thebuilding at No.54, Ramanujam Street, Old Washermanpet, Chennai-21 in any manner particularly by way of locking and sealing anddemolition of the same pending disposal of the petitioners'statutory appeal dated 21.12.2017 under Section 80A of the Townand Country Planning Act, 1971 by the first respondent.

For Petitioners : Mr.D.S.RajasekaranFor Respondent-1 : Mr.T.N.Rajagopalan, SGPFor Respondents 2 & 3 :Mr.A.Nagarajan Order of the Court was made by M.S.RAMESH,JMr.T.N.Rajagopalan, learned Special Government Pleaderaccepts notice for the first respondent. Mr.A.Nagarajan, learned

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

Standing Counsel accepts notice for respondents 2 and 3. Heardboth. In view of the limited nature of the relief this Courtintends to grant, the writ petition itself is taken up for finaldisposal without ordering notice to the fourth respondent.

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 building atNo.54, Ramanujam Street, Old Washermanpet, Chennai-21 in anymanner particularly by way of locking and sealing anddemolition of the same pending disposal of the petitioners'statutory appeals dated 21.12.2017 under Section 80A of the Townand Country Planning Act, 1971 by the first respondent.

3. It stated by the petitioners that they are the lesseesunder the fourth respondent in respect of the ground floor andthe first floor of the subject property. They entered into thelease agreement with the fourth in the year 2012 for a period of11 years initially. While so, the third respondent issued a lockand seal notice to the fourth respondent, that too, with anincorrect door number. However, the fourth respondent did notcare to protect the building. Again, the third respondent issuedthe deoccupation notice dated 18.12.2017 to the petitioners todeoccupy the premises. Immediately, the petitioners approachedthe first respondent by filing revision petitions under Section80(A) of the Tamil Nadu town and Country Planning Act and staypetitions under Section 80(A)(3) of the Tamil Nadu Town andCountry Planning Act on 21.12.2017 and the same are stillpending. Apprehending that the official respondents wouldinitiate coercive action, the petitioners have come forward withthe above writ petition.

4. Considering the facts and circumstances of the case, wedirect the first respondent to consider the revisions and thestay petitions filed by the petitioners on 21.12.2017 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 revisions, no coercive steps shall betaken by the respondent authorities.

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

Sd/-Vacation Officer

//True copy//

RS

Sub Assistant Registrar

To

1. The Secretary to Government of Tamil Nadu,Housing & UrbanDevelopment Department, Fort St. George, Chennai-9.

2. The Commissioner, Chennai Corporation, Rippon Buildings, Chennai-3.

3. The Executive Engineer, Zone V, Greater Chennai Corporation, No.61, Basin Bridge Road, Chennai-21.

+1cc to Mr.D.S.Rajasekaran, Advocate SR.No.92594

+1cc to Mr.A.Nagarajan, Advocate SR.No.92623+1cc to Government Pleader SR.No.92668

WP.No.34069 of 2017 & WMP.No.37807 of 2017KAN(CO)GN(02/01/2018)