Madras High Court
Sairam R vs State Of Tamil Nadu on 19 December, 2024
Author: R.Subramanian
Bench: R.Subramanian
WP.No.38769 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 19.12.2024
CORAM:
THE HONOURABLE Mr.JUSTICE R.SUBRAMANIAN
AND
THE HONOURABLE Mr.JUSTICE C.KUMARAPPAN
WP.No.38769 of 2024
and
WMP.No.41982 of 2024
1. Sairam R.
2. V.Thillainathan
3. Sudharsanam Sundar
4. Desikan A
5. Adarsh Mohan
6. Sowmyanarayanan
7. Kishore Kumar
8. S.Saravanan
9. A.B.Shahul Hameed
10.Lakshmi Neason
11.Shanthakumar
12.Sabatina
13.Arunkumar Jayaraman
... Petitioners
-Vs-
1. State of Tamil Nadu
Represented by its Additional Secretary
(Housing and Urban Development Department)
Fort St. George, Chennai-600 009.
2. The Director
Town and Country Planning,
2nd, 3rd & 4th Floor,
C&E Market Road, Koyambedu,
Chennai-600 107.
1/6
https://www.mhc.tn.gov.in/judis
WP.No.38769 of 2024
3. The Member Secretary,
Chennai Metropolitan Development Authority,
No.1, Gandhi Irwin Road,
Egmore, Chennai-600 008.
4. The Executive Engineer, Zone 05
Greater Chennai Corporation,
Rippon Building, Park Town,
Chennai-600 003.
5. Tamarai Homes Pvt. Ltd (Pioneer Group)
Represented by its Director
TamaraiTechpark
16-20A (SP) Developed Plots,
Jawaharlal Nehru Street,
Industrial Estate, Guindy,
Chennai-32.
6. P.Raghunathan
7. Akurati Nagarjuna
... Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India,
praying to issue a writ of Certiorarified Mandamus, to call for the records of
the 3rd respondent in proceedings No.EC/S-II/13973/ 2021 dated 27.07.2024,
Locking and sealing passed under Section 56, 57 of Town and Country
planning Act 1971 pertaining to the petitioners premises situated at Tamarai
Homes at Door No 1 Elcot Avenue 1st street, Sholinganallur Chennai 600 119
and to quash the same as illegal, unconstitutional and without jurisdiction and
further enable the petitioners to make application to the 3rd respondent to
regularize the deviations in the petitioners dwelling units and in the premises
of the petitioner Apartment within three months on the basis of the petitioner
representation dated 25.11.2024 and for consequential orders.
2/6
https://www.mhc.tn.gov.in/judis
WP.No.38769 of 2024
For Petitioners : Mr.Avinash Wadhwani
For Respondents : Mr.S.John J. Raja Singh
Additional Government Pleader for R1 & R2
Mr.C.Manoharan
Standing Counsel for CMDA for R3
Mr.G.T.Subramanian
Standing counsel for R4 [Corporation]
*****
ORDER
[Order of the Court was made by R.SUBRAMANIAN, J] The petitioner is aggrieved by the notice issued under Section 56 and 57 of the Town and Country Planning Act requiring the petitioner to remove the unauthorised construction/alteration made by them in the apartment complex in question.
2. It is the case of the petitioner that an appeal under Section 80A is pending and the petitioner has sought for 3 months time from the Authority to get the planning permission regularized. It is the complaint of the petitioner that the Authority should be injuncted from taking any coercive action for the said period of 3 months. Section 80A(3) empowers the Government to pass interim orders pending the exercise of powers under Sub-Section (1) of the said Section. It is open to the petitioner to seek appropriate interim orders 3/6 https://www.mhc.tn.gov.in/judis WP.No.38769 of 2024 from the Government before which the proceedings under Section 80A are stated to be pending.
3. We do not see any substance in the challenge to the enforcement proceedings, when it is admitted that there are violations from the building is not inconformity with the approved plan. Hence, we see no reason to entertain this writ petition.
4.This writ petition is dismissed with the above observations. If an application is made under Section 80A(3), the Government will do well to dispose it of within a period of four(4) weeks from the date of the application.
No costs. Consequently, connected WMP is also closed.
[R.S.M., J] [C.K., J]
19.12.2024
Index : No
Internet: Yes
Speaking Order
NCC : No
kmi
4/6
https://www.mhc.tn.gov.in/judis WP.No.38769 of 2024 To
1. The Additional Secretary State of Tamil Nadu (Housing and Urban Development Department) Fort St. George, Chennai-600 009.
2. The Director Town and Country Planning, 2nd, 3rd & 4th Floor, C&E Market Road, Koyambedu, Chennai-600 107.
3. The Member Secretary, Chennai Metropolitan Development Authority, No.1, Gandhi Irwin Road, Egmore, Chennai-600 008.
4. The Executive Engineer, Zone 05 Greater Chennai Corporation, Rippon Building, Park Town, Chennai-600 003.
5/6https://www.mhc.tn.gov.in/judis WP.No.38769 of 2024 R.SUBRAMANIAN, J and C.KUMARAPPAN, J kmi WP.No.38769 of 2024 19.12.2024 6/6 https://www.mhc.tn.gov.in/judis