Madras High Court
R.Dhavamani vs State Of Tamil Nadu on 26 April, 2024
Author: D. Krishnakumar
Bench: D.Krishnakumar
W.P.No. 13060 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
RESERVED ON: 07.11.2024
DELIVERED ON: 20.11.2024
CORAM:
THE HON'BLE MR. JUSTICE D.KRISHNAKUMAR
and
THE HON'BLE MR.JUSTICE P.B. BALAJI
W.P.No. 13060 of 2024
and
WMP.No. 14219 & 17903 of 2024
R.Dhavamani ..Petitioner
Vs
1.State of Tamil Nadu,
rep. By its Secretary,
(Housing and Urban Development Department)
Fort St.George, Chennai-600009.
2.The Commissioner /Addl.Chief Secretary,
Greater Chennai Corporation,
Ripon Buildings, Chennai-600003.
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W.P.No. 13060 of 2024
3.The Zonal Officer,
Zone -IV,
Greater Chennai Corporation,
No.204, Thiruvottiyur Main Road,
Chennai-600021.
4.The Executive Engineer,
Zone-IV,
Greater Chennai Corporation,
No.204, Thiruvottiyur Main Road,
Chennai-600021.
5.The Assistant Executive Engineer,
Unit-10, Zone IV,
Greater Chennai Corporation,
Thiruvottiyur Main Road,
Chennai-600021.
6.The Assistant Engineer,
Unit-10, Division-041, Zone IV,
Greater Chennai Corporation,
Thiruvottiyur Main Road,
Chennai-600021.
7.A.Mariyal ..Respondent
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W.P.No. 13060 of 2024
Prayer: Writ Petition is filed under Article 226 of Constitution of India,for
a writ of certiorarified mandamus, calling for records of the 1st respondent in
its letter No. 6828316/UD 6(1)/2024-2, dated 26.04.2024 dismissing the
revision and set aside the order made in its proceedings No.6828316/UD
6(1)/2024-2, dated 26.04.2024 and quash the same and thereby issue a
direction or order and mandamus consequently direct the authority to rehear
the revision and direct the 1st respondent to dispose of the same in
accordance with law more so in light of the provisions contained in Sec.80-
A and 80-A(3) and Sec. 113(C) of the Tamil Nadu Town and Country
Planning Act, 1971 in the light of the orders in W.P.No.33339 of 2023 dated
05.05.2024 and W.P.No.5475 of 2024 dated 01.03.2024.
For Appellants : Mrs. Vasudha Thiagarajan
For Respondent : Mr. S.John J.Raja Singh,AGP – R1
Mr. DBR. Prabhu, Standing Counsel -R2 to R6
Mr.D.Ashok Kumar – R7
ORDER
(Order of the Court was made by Mr.Justice D.Krishnakumar) Learned counsel for the petitioner has submitted that the petitioner is a subsequent purchaser of the property situate at No.1A, and 1A Part, Thiruvallurvar Nagar, Manali Road, Korukkupet, Chennai, measuring an extent of 600 sq.ft, acquired though sale deed dated 18.03.2014, registered as Document No. 945 of 2014. The petitioner has paid the municipal tax and sewage tax and he has been provided with power supply. 3 https://www.mhc.tn.gov.in/judis W.P.No. 13060 of 2024
2. Learned counsel for the petitioner has further submitted that the 7th respondent who claimed to be a shareholder of the said property, has filed a suit in O.S.No.1915 of 2015 as against the petitioner's predecessors and the same was dismissed for default. The 7th respondent has filed a writ petition before this Court in W.P.No.33339 of 2023 suppressing the dismissal of the above suit and obtained directions to consider her representation by the authorities concerned.
3. Learned counsel for the petitioner has further submitted that the petitioner has filed a statutory revision under Section 80A and 80 A1(3) of the Tamil Nadu Town and Country Planning Act, 1971. Since there was delay in considering the said revision petition, the petitioner has filed a writ petition in W.P.No. 5475 of 2024 seeking directions for early disposal of revision petition. This Court, by order dated 01.03.2024, has disposed of the said writ petition directing the 1st respondent to dispose of the revision petition and not to take any coercive action till disposal of the said revision petiton. But the 1st respodent, contrary to the said observations made by this Court, had dispsosed of the said revision petition, observing that the said 4 https://www.mhc.tn.gov.in/judis W.P.No. 13060 of 2024 building is an unauthorised building and directed the Corporation to take action as per the provisions in Tamil Nadu Town and Country Planning Act, 1971 and to comply the order passed in W.P.No.33339 of 2023 dated 05.02.2024 filed by the 7th respondent herein. Challenging the same, the present writ petition has been filed.
4. During the course of the arguments, the learned counsel appearing for the 7th respondent drew the attention of this Court the counter affidavit filed by the 7th respondent, wherein it has been stated as under:
"4.I state that I had entered into an agreement for sale dated 10.04.2024 with the petitioner thereby in respect of 1/5th share for a total consideration of Rs.2,40,000/- and received a sum of Rs.2,00,000/- at the time of execution and registration of the sale deed. Thereafter, I have received full sale consideration from the petitioner.
5. I state that by the sale deed Doc.Nos.2791 / 2024 dated 2792 /2024 dated 26.09.2024, we have received the sale deed from the Slum Clearance Board and thereafter, all the legal heirs of my father, executed a Sale Deed dated 27.09.2024 in Doc.Nos.2803 / 2024 and 2804 / 2024 for residence and commercial and the same was registered at SRO, 5 https://www.mhc.tn.gov.in/judis W.P.No. 13060 of 2024 Royapuram. I submit that the dispute is fully amicably settled between me and the petitioner and also with other legal heirs of my father."
5. It is an admitted fact that the petitioner is not a original allottee of the plot allotted by the Tamil Nadu Slum Clearance Board / Tamil Nadu Urban Habitat Development Board (TNUHDB) and he is a subsequently purchaser of the super structure alone put up on the said plot allotted by TNSCB. The entire ground floor and 2 floors residential building is unauthorized put up without any approval, without leaving the required setback space as per rule 35(a) of the Tamil Nadu Combined Development and Building Rules, 2019. Therefore, the first respondent, in the impugned order dated 26.04.2024, has observed that the Civil Dispute on the property does not come under the purview of the revision petition files under Section 80(a) of TCP Act and with regard to unauthorized construction has directed the Corporation of Chennai to proceed to take necessary further action as per the provisions of the TCP Act.
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6. In the light of the aforesaid affidavit filed by the seventh respondent and that while at the time of dismissal of the earlier revision petition, the sale deed for 1/5th share of the property has not been executed and pending the writ petition now the dispute has been amicably settled between the owner of the property and the seventh respondent, we are of the view that it would be appropriate to direct the 1st respondent to consider afresh the petitioner's review application filed under 80(A) of TamilNadu Town and Country Planning Act, 1971 already filed.
7. Accordingly, the impugned order passed by the 1st respondent dated 26.04.2024 is set aside and remitted to the 1st respondent to consider afresh. The 1st respondent shall consider the petitioner's review application filed under 80(A) of TamilNadu Town and Country Planning Act, 1971 and pass appropriate orders, after affording opportunity to the parties concerned, within a period of twelve weeks from the date of receipt of a copy of this order, on merits and in accordance with the law, 7 https://www.mhc.tn.gov.in/judis W.P.No. 13060 of 2024
8. The writ petition stands disposed of with the above direction. No costs. Consequently, connected Miscellaneous Petitions are closed.
(D.K.K.,J, ) (P.B.B.J.,)
20.11.2024
Internet: Yes
Index : Yes
Speaking Order/Non Speaking order
ak
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W.P.No. 13060 of 2024
D. KRISHNAKUMAR, J.
and
P.B. BALAJI, J.
ak
W.P.No. 13060 of 2024
and WMP.No. 14219 & 17903 of 2024
20.11.2024
9
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W.P.No. 13060 of 2024
W.P.No.13060 of 2024
D.KRISHNAKUMAR, J.
and
P.B.BALAJI, J.
After the pronouncement of order, learned
counsel for the appellant seeks for further observation that liberty may be granted to the appellant to file additional documents before the Government.
Accepting the request made by the learned counsel for the appellant, liberty is granted to the appellant to file additional documents, if any, before the Government, within a period of one week, from the date of receipt of a copy of this order.
(D.K.K., J.) (P.B.B., J.) 20.11.2024 mrn 10 https://www.mhc.tn.gov.in/judis