Disposed

M.Ahamed Uduman, M.a., v. The Government of Tamil Nadu

Madras HC21 Apr 2016WP/14440/2016

Case brief

AI extract

What is this about?

The High Court of Madras disposed of writ petitions seeking injunctions against respondents from interferendo with possession of five flats while stay applications were pending under the Tamil Nadu Town and Country Planning Act. The court directed the妥当 authority to consider interim applications within two weeks and maintained the status quo.

What did the court decide?

Direction to consider interim applications within two weeks; Status quo maintained for two weeks; Disposal of writ petitions sans costs.

M.Ahamed Uduman, M.a., Vs The Government of Tamil Nadu — Landlord and Tenant | Madras HC (2016)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 21.04.2016

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CORAM:

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THE HON'BLE MR. JUSTICE SATISH K.AGNIHOTRI

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and

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THE HON'BLE MR. JUSTICE V. BHARATHIDASAN

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W.P. Nos.14440 to 14444 of 2016 & W.M.P. Nos.12626 to 12630 of 2016

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M.A. Ahamed Uduman Petitioner in WP No.14440 of 2016 M.A. Mohammed Gayazuddin Petitioner in WP No.14441 of 2016 S. Senthamizh Selvan Petitioner in WP No.14442 of 2016 S. Guganathan Petitioner in WP No.14443 of 2016 J. Rifaya Parveen Petitioner in WP No.14444 of 2016

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vs.

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1 The Government of Tamil Nadu represented by its Secretary Housing and Urban Development Department Secretariat, St. Fort George Chennai 600 009

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2 The Commissioner Corporation of Chennai Ripon Building E.V.R. Salai

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Chennai 600 003

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3 The Executive Engineer (Enforcement – Region Central) Corporation of Chennai Regional Office – Central II Cross Street (East) Pulla Avenue, Shenoy Nagar Chennai 600 030 Respondents in all the WPs

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Prayer in W.P. No.14440 of 2016:

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Writ Petition filed under Article 226 of the Constitution of India seeking a writ of mandamus forbearing the respondents 2 and 3 from in any way interfering with Flat No. S3, Second Floor, Jeyam Apartments, Old No.15/16, New No.29/1 & 31/1, V.M. Street, Royapettah, Chennai – 600 014, particularly by way of locking and sealing or demolition, pending final determination of the application dated 01.04.2016 under Section 80-A and 80-A (3) of the said Act by the first respondent.

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https://hcservices.ecourts.gov.in/hcservices/

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Prayer in W.P. No.14441 of 2016:

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Writ Petition filed under Article 226 of the Constitution of India seeking a writ of mandamus forbearing the respondents 2 and 3 from in any way interfering with Flat No. S4, Second Floor, Jeyam Apartments, Old No.15/16, New No.29/1 & 31/1, V.M. Street, Royapettah, Chennai – 600 014, particularly by way of locking and sealing or demolition, pending final determination of the application dated 01.04.2016 under Section 80-A and 80-A (3) of the said Act by the first respondent.

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Prayer in W.P. No.14442 of 2016:

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Writ Petition filed under Article 226 of the Constitution of India seeking a writ of mandamus forbearing the respondents 2 and 3 from in any way interfering with Flat No. S2, Second Floor, Jeyam Apartments, Old No.15/16, New No.29/1 & 31/1, V.M. Street, Royapettah, Chennai – 600 014, particularly by way of locking and sealing or demolition, pending final determination of the application dated 01.04.2016 under Section 80-A and 80-A (3) of the said Act by the first respondent.

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Prayer in W.P. No.14443 of 2016

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Writ Petition filed under Article 226 of the Constitution of India seeking a writ of mandamus forbearing the respondents 2 and 3 from in any way interfering with Flat No. F3, First Floor, Jeyam Apartments, Old No.15/16, New No.29/1 & 31/1, V.M. Street, Royapettah, Chennai – 600 014, particularly by way of locking and sealing or demolition, pending final determination of the application dated 01.04.2016 under Section 80-A and 80-A(3) of the said Act by the first respondent.

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Prayer in W.P. No.14444 of 2016:

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Writ Petition filed under Article 226 of the Constitution of India seeking a writ of mandamus forbearing the respondents 2 and 3 from in any way interfering with Flat No. F2, First Floor, Jeyam Apartments, Old No.15/16, New No.29/1 & 31/1, V.M. Street, Royapettah, Chennai – 600 014, particularly by way of locking and sealing or demolition, pending final determination of the application dated 01.04.2016 under Section 80-A and 80-A(3) of the said Act by the first respondent.

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https://hcservices.ecourts.gov.in/hcservices/

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For petitioner in all the WPs Mr. D.S. Rajasekar For R1 in Mr. P.S. Sivashanmugasundaram all the WPs Special Government Pleader For RR 2 & 3 in Mr. R. Arunmozhi all the WPs Standing Counsel

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COMMON ORDER

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(delivered by SATISH K.AGNIHOTRI, J.)

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Mr. P.S. Sivashanmugasundaram, learned Special Government Pleader, accepts notice for the first respondent. Mr. R. Arunmozhi learned Standing Counsel, accepts notice for respondents 2 and 3. With consent, the writ petitions are taken up for final disposal, at the admission stage itself.

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2 These writ petitions are filed seeking a writ of mandamus forbearing the respondents 2 and 3, from in any way, interfering with the petitioners' possession of the premises in question, particularly by way of locking and sealing or demolition, pending final determination of their applications dated 01 April 2016, 01 April 2016, 05 April 2016, 01 April 2016 and 01 April 2016 respectively, filed under Section 80-A of the Tamil Nadu Town and Country Planning Act, 1971 (for brevity “the Act”) and also their interim applications filed under Section 80-A (3) of the Act by the first respondent.

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3 From a perusal of the records, it is seen that the Corporation of Chennai, has issued locking, sealing and demolition notices on 21 March 2016 under Sections 56 and 57 read with Section 85 of the Act against the petitioners. Thereagainst, the petitioners have preferred applications before the first respondent under Section 80-A of the Act on the dates, as aforrestated and the said applications are under consideration. It is further seen that along with the said applications, the petitioners have also filed applications for interim stay in terms of the provisions of Section 80-A(3) of the Act.

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4 Without going into the merits of the case, we are of the considered view that if applications, as aforestated, are filed along with applications for interim relief, the officers are well advised to consider the applications for interim relief at the earliest, preferably, within a period of two weeks, to avoid further complications.

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https://hcservices.ecourts.gov.in/hcservices/

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5 Accordingly, we direct the first respondent to consider the petitioners' applications for interim relief as early as possible, preferably within a period of two weeks and also to consider the petitioners' main applications within the statutory period prescribed under the provisions of law, on their own merits and in accordance with law, in the light of the order passed by a Division Bench of this Court 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., 21 April 2016, status quo as obtained today, in respect of the properties in question, shall be maintained by both the parties and the petitioners are restrained from making any further construction in the properties in question.

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With the above directions, the writ petitions stand disposed
of sans costs. Connected W.M.Ps. are closed.
cad
s/d-
Assistant Registrar(CS-III)
True Copy
Sub-Assistant Registrar
To
1 The Secretary
Housing and Urban Development Department
Government of Tamil Nadu
Secretariat,
St. Fort George
Chennai 600 009
2 The Commissioner
Corporation of Chennai
Ripon Building E.V.R. Salai
Chennai 600 003
3 The Executive Engineer
(Enforcement – Region Central)
Corporation of Chennai
Regional Office – Central
II Cross Street (East)
Pulla Avenue, Shenoy Nagar
Chennai 600 030
1 2015 (6) CTC 107 : (2015) 7 MLJ 394 : 2015 (2) CWC 752