N.S.Aarun vs The Secretary To Government on 30 September, 2022

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Madras High Court

N.S.Aarun vs The Secretary To Government on 30 September, 2022

Bench: R.Subramanian

                                                                                W.P.No.26684 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.26684 of 2022
                                                       and
                                              W.M.P.No.25742 of 2022

                     N.S.Aarun                                                 ...Petitioner

                                                        Vs.
                     1.The Secretary to Government,
                       Tamil Nadu Housing and Urban Development,
                       Fort St. George, Chennai – 600 009.

                     2.The Member Secretary,
                       Chennai Metropolitan Development Authority,
                       Thalaimuthu Natarajan Building No.1,
                       Gandhi Irwin Road, Egmore, Chennai.

                     3.Abdul Rahman                                             ...Respondents

                     Prayer: Writ Petition filed under Article 226 of the Constitution of India
                     seeking issuance of Writ of Mandamus, forbearing the 2nd respondent or
                     anybody on their behalf from initiating any coercive action based on Lock
                     and Seal and demolition notice in Letter NO.EC/CII/4357/2022 dated
                     30.08.2022 issued by the 2nd respondent pending determination of the appeal
                     filed by the petitioner under Section 80-A (Special provisions of the

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https://www.mhc.tn.gov.in/judis
                                                                                          W.P.No.26684 of 2022

                     Government) of the Town and Country Planning Act, 1971 dated
                     20.09.2022 before the first respondent, Lock and Seal and demolition notice
                     in Letter No.EC/CII/4357/2022 dated 30.08.2022 issued by the 2nd
                     respondent.
                                     For Petitioner        : Mr.K.Pradeep Raj
                                     For Respondents       : Mr.Vadivelu Deenadayalan,
                                                            Additional Government Pleader for R1
                                                            Mr.C.N.Vinobha,
                                                            Standing Counsel for R2
                                                             ORDER

(Order of the Court was made by R.SUBRAMANIAN, J.) The prayer in the writ petition reads as follows:-

To forbear the 2nd respondent or anybody on their behalf from initiating any coercive action based on Lock and Seal and demolition notice in Letter NO.EC/CII/4357/2022 dated 30.08.2022 issued by the 2nd respondent pending determination of the appeal filed by the petitioner under Section 80-A (Special provisions of the Government) of the Town and Country Planning Act, 1971 dated 20.09.2022 before the first respondent, Lock and Seal and demolition notice in Letter No.EC/CII/4357/2022 dated 30.08.2022 issued by the 2nd respondent.

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https://www.mhc.tn.gov.in/judis W.P.No.26684 of 2022

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.C.N.Vinobha, learned Standing Counsel appears for the 2nd respondent.

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 3/5 https://www.mhc.tn.gov.in/judis W.P.No.26684 of 2022 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

                     To:-

                     1.The Secretary to Government,

Tamil Nadu Housing and Urban Development, Fort St. George, Chennai – 600 009.

2.The Member Secretary, Chennai Metropolitan Development Authority, Thalaimuthu Natarajan Building No.1, Gandhi Irwin Road, Egmore, Chennai.

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https://www.mhc.tn.gov.in/judis W.P.No.26684 of 2022 R.SUBRAMANIAN, J.

and K.KUMARESH BABU, J.

dsa W.P.No.26684 of 2022 30.09.2022 5/5 https://www.mhc.tn.gov.in/judis

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