Allowed

M.Ashraf v. The Secretary

Madras HC11 Aug 2016WP/28046/2016

Case brief

AI extract

What is this about?

The High Court directed the First Respondent to consider and decide an appeal filed under Section 80-A of the Tamil Nadu Town and Country Planning Act, 1971 within three months while forbidding coercive action by others. It disposed of the writ petition with this direction.

What did the court decide?

Directed to consider and decide the appeal under Section 80-A within 3 months; to refrain from coercive steps pending the decision.

M.Ashraf Vs The Secretary — Land Acquisition | Madras HC (2016)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 11.08.2016

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CORAM

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THE HONOURABLE MR.JUSTICE HULUVADI G. RAMESH

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and

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THE HONOURABLE MR.JUSTICE M.V.MURALIDARAN

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Writ Petition No.28046 of 2016
and
WMP.No.24200 of 2016
M.Ashraf ... Petitioner
Vs.
1. The Secretary
Government of Tamil Nadu
Housing and Urban Development
Fort St.George
Chennai-600 009
2. The Commissioner
Corporation of Chennai
Rippon Buildings
Chennai-600 003
3. The Executive Engineer
Town Planning Enforcement
Office of Regional Joint Commissioner
Corporation of Chennai
Adyar, Chennai-600 020
4. Asst.Executive Engineer
Enforcement
Regional Deputy Commissioner Office Central
Corporation of Chennai, Zone VIII
Pulla Avenue, Chennai-600 030
5. Asst.Engineer
Corporation of Chennai
Zone IX, Division No.111,
No.4, 4 th Cross Street,
Lakeview Road
Chennai-600 034 ... Respondents

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

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Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondents to consider appeal petition filed under Section 80-A of Tamil Nadu Town and Country Planning Act, 1971, before the 1^st respondent dated 26.07.2016.

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For Petitioner : Mr.T.Velumani

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For Respondents : Mr.P.S.Sivashanmuga Sundaram Special Government Pleader for R1

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Mr.A.Nagarajan, for R2 to R5

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O R D E R

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(Order of the Court was made by HULUVADI G. RAMESH,J.)

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Heard Mr.T.Velumani, learned counsel for the petitioner, Mr.P.S.Sivashanmuga Sundaram, learned Special Government Pleader, accepting notice for the 1^st respondent and Mr.A.Nagarajan, learned counsel for respondents 2 to 5.

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The averments in the Writ Petition is as follows:-

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The petitioner and 13 other members are the absolute owners in respect of the entire premises bearing Door No.7/4. Ghulam Abbas Ali Khan 1^st Lane, Thousand Lights, Chennai-600 006 and constructed the building. The respondents 2 to 5 inspected the property and issued a locking and seal notice dated 02.03.2015 and yet another notice on 16.04.2015, for which the petitioner is stated to have given objections on 29.02.2016. The petitioner also filed a Revision before the Appellate Authority, the 1^st respondent herein, seeking to set aside the order dated 02.03.2015 and Notice dated 16.04.2015. Now, the petitioner has approached this court seeking a direction to the 1^st respondent to consider the said appeal petition filed under Section 80-A of the Act.

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Since the appeal dated 26.07.2016 filed under Section 80A of the Act is pending before the 1^st respondent, the 1^st respondent is directed to consider and pass appropriate orders on the said application within 3 months from the date of receipt of a copy of this order, after affording opportunity to the petitioner to raise all his contentions. Till a decision is taken by the 1^st respondent in this regard, the respondents are directed not to take any coercive steps against the petitioner.

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

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The Writ Petition is disposed of with the above direction. No costs. Consequently, connected WMP is closed.

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Sd/-

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Assistant Registrar(CS II)

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//True Copy//

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Sub Assistant Registrar

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nvsri

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To 1. The Secretary Government of Tamil Nadu Housing and Urban Development Fort St.George, Chennai-600 009 2. The Commissioner Corporation of Chennai Rippon Buildings, Chennai-600 003 3. The Executive Engineer Town Planning Enforcement Office of Regional Joint Commissioner Corporation of Chennai Adyar, Chennai-600 020 4. The Assistant Executive Engineer Enforcement Regional Deputy Commissioner Office Central Corporation of Chennai, Zone VIII Pulla Avenue, Chennai-600 030 5. The Assistant Engineer Corporation of Chennai Zone IX, Division No.111, No.4, 4^th Cross Street, Lakeview Road, Chennai-600 034 +1cc to Mr.T.Velumani, Advocate, S.R.No.46061 +1cc to Mr.A.Nagarajan, Advocate, S.R.No.45893 +1cc to the Government Pleader, S.R.No.46151

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W.P.No.28046 of 2016 MSM(CO) CA(01/09/2016)

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

M.Ashraf v. The Secretary

Case brief

What is this about?

What did the court decide?

M.Ashraf v. The Secretary

Case brief

What is this about?

What did the court decide?

What the court decided

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