Madras High Court
S.Mahendra Kumar vs The Secretary To Government on 3 March, 2023
Author: V.M.Velumani
Bench: V.M.Velumani
W.P.No.1544 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 03.03.2023
CORAM
THE HONOURABLE Ms. JUSTICE V.M.VELUMANI
AND
THE HONOURABLE Mr. JUSTICE V.LAKSHMINARAYANAN
W.P.No.1544 of 2023
AND
W.M.P.No.1634 of 2023
S.Mahendra Kumar .. Petitioner
Vs.
1.The Secretary to Government
Housing and Urban Development Department
Government of Tamil Nadu
Fort St. George, Chennai 600 009
2.The Member Secretary
Chennai Metropolitan Development Authority
Thazhamuthu Natarajan Building
No.1, Gandhi Irwin Road
Egmore, Chennai 600 008
3.The Commissioner
Greater Chennai Corporation
Chennai 600 003
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W.P.No.1544 of 2023
4.The Executive Engineer
Zone-10, Greater Chennai Corporation
No.117, N.S.K. Salai
Kodambakkam, Chennai 600 024 .. Respondents
Petition filed under Article 226 of the Constitution of India praying to
issue a writ of mandamus forbearing the respondents 3 and 4, their men,
agents, servants or anyone acting under them not to proceed in any manner
or take any coercive steps in pursuance of the de-occupation notice dated
24.09.2020 in letter No.10/00013/2020 under Section 56(2-A) and 57 read
with Section 85 of the Town and Country Planning Act, 1971, relating to
premises situate at Chennai District, Greater Chennai Corporation,
Mambalam Village, No.29/18, Vandikaran Street (Reddykuppam Road),
Panneerselvam Nagar, West Mambalam, Chennai 600 033, pending
determination of the application filed by the writ petitioner under Section
113-C of the Tamil Nadu Town and Country Planning Act of 1971 (under
building regularisation scheme-2017) before the 2nd respondent vide receipt
No.CMDA/Reg-113C/2165/2021 dated 09.02.2021.
For Petitioner : Mr.K.Raja Srinivas
for Mr.N.Ganesh
For R1 : Mr.A.Selvendran
Special Government Pleader
For R2 : Mr.C.N.Vinobha
Standing Counsel
For R3 and R4 : Mr.D.B.R.Prabhu
Standing Counsel
ORDER
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https://www.mhc.tn.gov.in/judis W.P.No.1544 of 2023 (Order of the Court was made by V.LAKSHMINARAYANAN, J.) The prayer in the writ petition is as follows :
“To issue a writ of mandamus forbearing the respondents 3 and 4, their men, agents, servants or anyone acting under them not to proceed in any manner or take any coercive steps in pursuance of the de-occupation notice dated 24.09.2020 in letter No.10/00013/2020 under Section 56(2-A) and 57 read with Section 85 of the Town and Country Planning Act, 1971, relating to premises situate at Chennai District, Greater Chennai Corporation, Mambalam Village, No.29/18, Vandikaran Street (Reddykuppam Road), Panneerselvam Nagar, West Mambalam, Chennai 600 033, pending determination of the application filed by the writ petitioner under Section 113-C of the Tamil Nadu Town and Country Planning Act of 1971 (under building regularisation scheme-2017) before the 2nd respondent vide receipt No.CMDA/Reg-113C/2165/2021 dated 09.02.2021.”
2. By consent of both the learned counsel appearing for the petitioner 3/6 https://www.mhc.tn.gov.in/judis W.P.No.1544 of 2023 as well as Mr.A.Selvendran, learned Special Government Pleader, who takes notice for the 1st respondent, Mr.C.N.Vinobha, learned Standing Counsel, who takes notice for the 2nd respondent and Mr.D.B.R.Prabhu, learned Standing Counsel who takes notice for the 3 rd respondent, the Writ Petition is taken up for final disposal at the stage of admission itself.
3. We heard the learned counsel appearing for the petitioner, the learned Special Government Pleader and the learned Standing Counsels appearing for the respondents and carefully perused the material records.
4. The writ petitioner does not challenge the constitutional validity of the G.O.(Ms) No.110, Housing and Urban Development [UD4(3)] Department, dated 22.06.2017. However, the papers produced before this Court shows that an application for regularisation was filed by the writ petitioner on 25.09.2020 and he had paid the processing charges. The Hon'ble First Bench of this Court has directed the planning authorities to receive the applications filed under Section 113-C of the Tamil Nadu Town and Country Planning Act, 1971, process it, but not pass final orders, 4/6 https://www.mhc.tn.gov.in/judis W.P.No.1544 of 2023 pending disposal of the constitutional validity.
5. The writ petitioner, having filed an application for regularisation, the 2nd respondent is directed to process the same, but not to pass final orders, pending disposal of the writ petition challenging the constitutional validity. Till the time the decision is rendered by this Court in the writ petition challenging the constitutional validity, no coercive steps shall be taken by the respondents against the petitioner's building situated at No.29/18, Vandikaran Street (Reddykuppam Road), Panneerselvam Nagar, West Mambalam, Chennai 600 033.
With the above direction, the Writ Petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed.
(V.M.V.,J.) (V.L.N.,J.)
03.03.2023
Index : Yes/No
Neutral citation : Yes/No
gya
V.M.VELUMANI, J.
AND
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W.P.No.1544 of 2023
V.LAKSHMINARAYANAN, J.
gya
To
1.The Secretary to Government
Housing and Urban Development Department Government of Tamil Nadu Fort St. George, Chennai 600 009
2.The Member Secretary Chennai Metropolitan Development Authority Thazhamuthu Natarajan Building No.1, Gandhi Irwin Road Egmore, Chennai 600 008 W.P.No.1544 of 2023
3.The Commissioner Greater Chennai Corporation Chennai 600 003
4.The Executive Engineer Zone-10, Greater Chennai Corporation No.117, N.S.K. Salai Kodambakkam, Chennai 600 024 03.03.2023 6/6 https://www.mhc.tn.gov.in/judis