Madras High Court
Global Waste Recyclers Ltd vs The Government Of Tamil Nadu on 15 March, 2016
Author: Satish K. Agnihotri
Bench: Satish K. Agnihotri, M. Venugopal
IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 15.03.2016 CORAM: THE HON'BLE MR. JUSTICE SATISH K. AGNIHOTRI and THE HON'BLE MR. JUSTICE M. VENUGOPAL W.P. No.9561 of 2016 and W.M.P. No.8602 of 2016 Global Waste Recyclers Ltd. No.5/245, Thiruvallore High Road Alamathi Red Hills, Chennai 600 057 represented by its Managing Director Bharath Pujara Petitioner Vs. 1 The Government of Tamil Nadu represented by Secretary to the Government Housing and Urban Development Department Fort St. George Chennai 600 009 2 The Member Secretary Chennai Metropolitan Development Authority Thalamuthu Natarajan Maligai No.1, Gandhi Irwin Road Egmore, Chennai 600 008 Respondents Writ Petition filed under Article 226 of the Constitution of India for issuance of a writ of mandamus forbearing the second respondent from taking any action pursuant to the proceedings in letter dated 31.12.2015 in Letter No.EC/EN-II/19961/2015 signed on 12.1.2016 in respect of the building in Door No.5/245, Thiruvallure High Road, Alamathi Village, Red Hills, Chennai in Survey No.126/2B, 1B1, 295/2B2B2, till the petitioner's application under the special provisions of Section 80-A of the Tamil Nadu Town and Country Planning Act, 1971, is disposed of by the first respondent. For petitioner Mrs. Al. Ganthimathi For R1 Mrs. T.T. Girija, Government Advocate For R2 Mr. N. Sampath, Standing Counsel ORDER
(delivered by SATISH K. AGNIHOTRI, J.) Mrs. T.T. Girija, learned Government Advocate, accepts notice for the first respondent. Mr. N. Sampath, learned Standing Counsel, accepts notice for the second respondent. With the consent of the learned counsel for the parties, the writ petition is taken up for final disposal, at the admission stage itself.
2 This writ petition is filed seeking a writ of mandamus forbearing the second respondent from taking any action pursuant to the proceedings in letter dated 31 December 2015 in respect of the building in Door No.5/245, Thiruvallur High Road, Alamathi Village, Red Hills, Chennai in Survey No.126/2B, 1B1,295/2B2B2, till the petitioner's application under the special provisions of Section 80-A of the Tamil Nadu Town and Country Planning Act, 1971 (for brevity the Act) is disposed of by the first respondent.
3 From a perusal of the records, it is seen that the second respondent has issued a locking, sealing and demolition notice on 31 December 2015 under Sections 56 and 57 read with Section 85 of the Act against the petitioner. Thereagainst, the petitioner has preferred an application before the first respondent under Section 80-A of the Act on 04 March 2016, which is under consideration. It is further seen that along with the said application, the petitioner has also filed an application for interim stay in terms of the provisions of Section 80-A(3) of the Act.
4 Without going into the merits of the case, we are of the considered view that if an application, as aforestated, is filed along with an application for interim relief, the officers are well advised to consider the application for interim relief at the earliest, preferably, within a period of two weeks, to avoid further complications.
5 Accordingly, we direct the first respondent to consider the petitioner's application for interim relief as early as possible, preferably within a period of two weeks and also to consider the petitioner's main application within the statutory period prescribed under the provisions of law, on its own merits and in accordance with law, in the light of the order dated 29th September 2015 passed by a Division Bench in Lalithkumar C. Soni Vs. Government of Tamil Nadu and others1. It is made clear that for a period of two weeks from today, i.e., 15 March 2016, status quo as obtained today, in respect of the property in question, shall be maintained by both the parties and the petitioner is restrained from making any further construction in the property in question.
With the above directions, the writ petition stands disposed of sans costs. Connected W.M.P. is closed.
(SATISH K. AGNIHOTRI, J.) (M. VENUGOPAL, J.)
15 March 2016
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SATISH K. AGNIHOTRI, J.
and
M. VENUGOPAL, J.
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To
1 The Secretary to the Government
Housing and Urban Development Department
Government of Tamil Nadu
Fort St. George
Chennai 600 009
2 The Member Secretary
Chennai Metropolitan Development Authority
Thalamuthu Natarajan Maligai
No.1, Gandhi Irwin Road
Egmore, Chennai 600 008
W.P. No.9561 of 2016
15.03.2016