Madras High Court
P.Jeyakumar vs The State Of Tamil Nadu on 28 September, 2022
Author: R.Subramanian
Bench: R.Subramanian
W.P.No.25968 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 28.09.2022
CORAM:
THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN
AND
THE HONOURABLE MR.JUSTICE K.KUMARESH BABU
W.P.No.25968 of 2022
and
W.M.P.No.25069 of 2022
P.Jeyakumar ...Petitioner
Vs.
1.The State of Tamil Nadu,
Represented by its Principal Secretary,
Housing and Urban Development Department,
Fort St. George, Chennai – 600 009.
2.The Principal Secretary/ Member Secretary,
Chennai Metropolitan Development Authority,
Tahla Muthu Natarajan Buildings,
No.1, Gandhi Iriwin Road,
Egmore, Chennai – 600 008.
3.The Additional Secretary (Technical),
Housing and Urban Development Department,
Fort St. George, Chennai – 600 009. ..Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India
seeking issuance of Writ of Certiorari, calling for the records of the
respondent No.3 in his proceedings in Letter No.17663/UD-VI(2)/2018-3,
dated 28.04.2022 and quash the same.
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W.P.No.25968 of 2022
For Petitioner : Mr.S.Senthilnathan
For Respondents : Mr.Vadivelu Deenadayalan,
Additional Government Pleader for R1 & R3
Mr.C.N.Vinobha, Standing Counsel for R2
ORDER
(Order of the Court was made by R.SUBRAMANIAN, J.) Mr.Vadivelu Deenadayalan, learned Additional Government Pleader takes notice for the respondents 1 and 3 and Mr.C.N.Vinobha, learned Standing Counsel takes notice for the 2nd respondent.
2. The appellant is aggrieved over the un-satisfactory manner of disposal of the special revision under Section 80A of the Town and Country Planning Act.
3. The appellant who was slapped with a lock and seal notice under Section 56 and 57 of the Tamil Nadu Town and Country Planning Act preferred a special revision under Section 80A of the Act. The revision was preferred on 04.08.2018. A personal hearing was granted to the appellant on 10.10.2018. Thereafter, the appeal came to be disposed of by the order 2/6 https://www.mhc.tn.gov.in/judis W.P.No.25968 of 2022 impugned on 28.04.2022. The order impugned after extracting the rival contentions concludes as follows:-
6. After careful consideration, the Government hereby disposes of the appeal of Thiru.P.Jeyakumar for the building at Plot No.F-5, Plot No.817, Block No.3, Anna Nagar in T.S.No.13 of Periyakudal Village, Chennai – 40 with the direction to the appellant to carry out necessary rectification and to obtain revised planning permission as per rules in force within three months from the date of receipt of these orders, failing which Greater Chennai Corporation to pursue necessary enforcement action as per the provisions of the Tamil Nadu Town and Country Planning Act, 1971.
4. It is apparent that there is no consideration of either the contentions of the petitioner or that of the respondents. We are unable to sustain such an un-reasoned laconic order passed by the Government.
5. We find that the special revision has been disposed of by the Additional Secretary (Technical), Housing and Urban Development Department, Secretariat, Chennai - 9. Section 80A provides for a revision by the Government. A revision by the Government is to be disposed of by 3/6 https://www.mhc.tn.gov.in/judis W.P.No.25968 of 2022 the Secretary and not any officer below the rank of Secretary. Therefore, the very disposal of the appeal by the Additional Secretary (Technical) itself is not in accordance with the provisions of the Act.
6. Hence, the order impugned is set aside. The matter is remitted to the Government for disposal strictly in accordance with law after affording an opportunity to the petitioner. The minimum expected of the Government is to look in to the violations and consider whether they are curable or condonable while disposing of the revision under Section 80A. No costs. Consequently, connected miscellaneous petition is closed.
(R.S.M.,J.) (K.B.,J.)
28.09.2022
dsa
Index :No
Internet :Yes
Speaking orde
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W.P.No.25968 of 2022
To:-
1.The Principal Secretary,
State of Tamil Nadu,
Housing and Urban Development Department, Fort St. George, Chennai – 600 009.
2.The Principal Secretary/ Member Secretary, Chennai Metropolitan Development Authority, Tahla Muthu Natarajan Buildings, No.1, Gandhi Iriwin Road, Egmore, Chennai – 600 008.
3.The Additional Secretary (Technical), Housing and Urban Development Department, Fort St. George, Chennai – 600 009.
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and K.KUMARESH BABU, J.
dsa W.P.No.25968 of 2022 and W.M.P.No.25069 of 2022 28.09.2022 6/6 https://www.mhc.tn.gov.in/judis