Madras High Court
S.Rajendra Prasad Jain vs The Secretary To Government on 30 September, 2022
Author: R.Subramanian
Bench: R.Subramanian
W.P.No.26542 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 30.09.2022
CORAM:
THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN
AND
THE HONOURABLE MR.JUSTICE K.KUMARESH BABU
W.P.No.26542 of 2022
and
W.M.P.No.25600 of 2022
1.S.Rajendra Prasad Jain
2.S.Devendra Kumar Jain ...Petitioners
Vs.
1.The Secretary to Government,
Tamil Nadu Housing and Urban Development,
Fort St. George, Chennai – 600 009.
2.The Commissioner,
Corporation of Chennai,
Ripon Buildings,
Chennai.
3.The Assistant Engineer,
Division 133 (136),
Zonal Office, Unit 30,
Masilamani Street, T.Nagar,
Corporation of Chennai,
Chennai – 600 002.
4.The Executive Engineer,
Zone 10, Corporation of Chennai,
Chennai – 600 002. ...Respondents
1/6
https://www.mhc.tn.gov.in/judis
W.P.No.26542 of 2022
Prayer: Writ Petition filed under Article 226 of the Constitution of India
seeking issuance of Writ of Mandamus, forbearing the respondents from
initiating any action in pursuance of the notice issued by the 2nd and 3rd
respondents dated 28.05.2022 in Letter No.10/00279/2022 for the property
situated at No.5/4, 1st Floor, Lodi Khan Street, T.Nagar, Chennai – 600 017
within the limits of Greater Chennai Corporation within the limits of
Greater Chennai Corporation pending disposal of the statutory appeal made
under the special provision under Section 80(A) of the Tamil Nadu Town
and Country Planning Act, 1971.
For Petitioner : Mr.S.Thiruvengadam
For Respondents : Mr.Vadivelu Deenadayalan,
Additional Government Pleader for R1
Mr.D.B.R.Prabhu,
Standing Counsel for R2 to R4
ORDER
(Order of the Court was made by R.SUBRAMANIAN, J.) The prayer in the writ petition reads as follows:-
To forbear the respondents from initiating any action in pursuance of the notice issued by the 2nd and 3rd respondents dated 28.05.2022 in Letter No.10/00279/2022 for the property situated at No.5/4, 1st Floor, Lodi Khan Street, T.Nagar, Chennai – 600 017 within the limits of Greater Chennai 2/6 https://www.mhc.tn.gov.in/judis W.P.No.26542 of 2022 Corporation pending disposal of the statutory appeal made under the special provision under Section 80(A) of the Tamil Nadu Town and Country Planning Act, 1971.
2. The grievance of the petitioner is that the stay petition filed by him under Section 80A(3) is pending and it is during such pendency, the respondents are pursuing the proceedings for penal action under the provisions of Town and Country Planning Act including de-occupation of the premises. Section 80A(3) empowers the Government to grant stay of further proceedings pending special revision. We find that the Government seldom exercises the said power leading to persons like the petitioners approaching this Court for grant of interim relief till the appeal is disposed of. If only the Government can consider this application for stay even while the appeal is being filed, this exercise by this Court could be avoided.
3. Mr.Vadivelu Deenadayalan, Additional Government Pleader appears for the 1st respondent and Mr.D.B.R.Prabhu, learned Standing Counsel appears for the respondents 2 to 4. 3/6 https://www.mhc.tn.gov.in/judis W.P.No.26542 of 2022
4. Considering the limited prayer sought for this writ petition is disposed of at the admission stage with a direction to the Government to dispose of the appeal filed under Section 80A within a period of three moths from the date of receipt of a copy of the order. Till such time the appeal is disposed of, the respondents 2, 3 and 4 are restrained from taking any further coercive action against the petitioners. No costs. Consequently, connected Miscellaneous Petition is also closed.
(R.S.M.,J.) (K.B.,J.)
30.09.2022
dsa
Index :No
Internet :Yes
Speaking order
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https://www.mhc.tn.gov.in/judis W.P.No.26542 of 2022 To:-
1.The Secretary to Government, Tamil Nadu Housing and Urban Development, Fort St. George, Chennai – 600 009.
2.The Commissioner, Corporation of Chennai, Ripon Buildings, Chennai.
3.The Assistant Engineer, Division 133 (136), Zonal Office, Unit 30, Masilamani Street, T.Nagar, Corporation of Chennai, Chennai – 600 002.
4.The Executive Engineer, Zone 10, Corporation of Chennai, Chennai – 600 002.5/6
https://www.mhc.tn.gov.in/judis W.P.No.26542 of 2022 R.SUBRAMANIAN, J.
and K.KUMARESH BABU, J.
dsa W.P.No.26542 of 2022 30.09.2022 6/6 https://www.mhc.tn.gov.in/judis