Madras High Court
A.Vasantha vs The Govt. Of Tamil Nadu on 20 June, 2023
Author: D.Krishnakumar
Bench: D.Krishnakumar
W.P.No.18114 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated: 20.06.2023
Coram:
THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR
and
THE HONOURABLE MR.JUSTICE P.DHANABAL
Writ Petition No.18114 of 2023
and
W.M.P.No.17314 of 2023
--
A.Vasantha .. Petitioner
Vs.
1. The Govt. of Tamil Nadu,
Rep. by The Secretary,
Department of Housing and Urban Development,
Fort St.George, Chennai-600 009.
2. Greater Chennai Corporation - Zone.VI,
Rep. by Executive Engineer,
No.158, Strahans Road, Pattalam,
Chennai-600 012. .. Respondents
Writ Petition filed under Article 226 of the Constitution of India, praying
for issuance of a Writ of Mandamus to direct the first respondent to dispose of
the appeal filed by the petitioner, dated 01.06.2023 within a time frame that
may be fixed by this Court.
For petitioner : Mr.K.C.Karl Marx
For respondents: Mr.E.Vijay Anand, Addl.G.P. for R-1
Mr.D.B.R.Prabhu, Standing Counsel for R-2
Page No.1/5
https://www.mhc.tn.gov.in/judis
W.P.No.18114 of 2023
ORDER
(The Order of the Court was made by D.Krishnakumar, J) The petitioner has filed the above Writ Petition praying for issuance of a Writ of Mandamus to direct the first respondent to dispose of the appeal filed by the petitioner, dated 01.06.2023, within a time frame that may be fixed by this Court.
2. It is stated by the learned counsel for the petitioner that as against the lock and seal and demolition notice issued by the second respondent under Sections 56(2-A) and 57 read with Section 85 of the Tamil Nadu Town and Country Planning Act, the petitioner has filed statutory appeal under Section 80- A of the Tamil Nadu Town and Country Planning Act. It is also stated that along with the said appeal, the petitioner has also filed an application to condone the delay of 46 days in fling the appeal, and the said appeal/application are still pending with the first respondent. Hence, the petitioner has filed the above Writ Petition.
3. Learned Additional Government Pleader appearing for the first respondent, on instructions, submitted that the said appeal is pending before the Government and therefore, as per the provisions of the said Act, the said appeal will be disposed of, within the time stipulated under the Act.
Page No.2/5https://www.mhc.tn.gov.in/judis W.P.No.18114 of 2023
4. Without expressing any opinion on the merits of the matter and considering the limited scope of the prayer made in the Writ Petition, we direct the first respondent to consider the petitioner's appeal petition, dated 01.06.2023, if it is otherwise in order and pass appropriate orders within a period of eight weeks from the date of receipt of a copy of this order, after providing an opportunity of hearing to the petitioner. Further, it is stated that the stay petition has also been filed along with the appeal. The said stay petition shall also be considered by the first respondent at the earliest.
5. With the above observations/directions, the Writ Petition is disposed of.
There shall be no order as to costs. Consequently, W.M.P. is closed.
(D.K.K., J) (P.D.B., J) 20.06.2023 Speaking Order: Yes/no Neutral Citation: Yes/no cs To Page No.3/5 https://www.mhc.tn.gov.in/judis W.P.No.18114 of 2023
1. The Govt. of Tamil Nadu, Rep. by The Secretary, Department of Housing and Urban Development, Fort St.George, Chennai-600 009.
2. Greater Chennai Corporation - Zone.VI, Rep. by Executive Engineer, No.158, Strahans Road, Pattalam, Chennai-600 012.
Page No.4/5https://www.mhc.tn.gov.in/judis W.P.No.18114 of 2023 D.KRISHNAKUMAR, J and P.DHANABAL, J cs W.P.No.18114 of 2023 20.06.2023 Page No.5/5 https://www.mhc.tn.gov.in/judis