Petitioners challenging locking/sealing notices under TN TCP Act. Court directed parties to file appeals under Section 80A within two weeks. Corpn must defer decision pending disposal of appeals. Writ petitions disposed.
Direction to file appeals under Sec 80A within two weeks. Corpn directed to defer decision on condonation of penalties notices.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
1
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 04.12.2017
CORAM
THE HON'BLE MR.JUSTICE M.SATHYANARAYANAN
AND
THE HON'BLE MR.JUSTICE SATRUGHANA PUJAHARI
W.P. Nos.23910 and 23911 of 2017
and W.M.P.Nos.25169 to 25172 of 2017
1.R.Lakshmanan .. Petitioner in W.P.No.23910 of 2017
2.Hafisullahkhan .. Petitioner in W.P.No.23911 of 2017
Vs
1. The Commissioner
Greater Chennai, Corporation of Chennai,
Ribbon Building, Chennai – 600 003.
2
Zone-3, Greater Chennai Corporation, No.1, Thattankulam Road, Madhavaram High Road, Madhavaram, Chennai – 600 060.
Common Prayer:- Petitions filed Under Article 226 of the Constitution of India praying for the issuance of a Writ of Certiorari to call for the entire records of the respondents 2 to 4 pertaining to the impugned order in notice No. Dn/33/2017 dated 25.07.2017 and quash the said order in so far as the writ petitioner is concerned.
For Petitioner in both W.Ps. : Mr. P.Jagadeesan For R1 to R4 in both W.Ps : Mr.V.C.Selvasekaran For R5 in both W.Ps. : Mr. J.Paulraj - - - C O M M O N O R D E R (Order of the court was made by M.Sathyanarayanan, J.,)
By consent these writ petitions are taken up for final disposal.
3
Rs.3,00,000/- each, in favour of the landlady /5th respondent and also monthly rent of Rs.8,000/- and Rs.8500/- respectively. According to the learned counsel appearing for the petitioners, the monthly rent is being paid to the landlord/5th respondent without any default. The petitioners would further aver that the main building was constructed about 50 years back and the 5th respondent/landlady is in possession and enjoyment of 1800 Sq.ft., which consists of ground + two floors.
being made by the 5th respondent/landlady to evict the petitioners. The learned counsel appearing for the petitioners on instructions would submit that since the 5th respondent had refused to receive the rent in order to evict the petitioners under (Tamil Nadu Lease and Rent Control Act, 1960) by depositing the rent amount to the credit of the said Original Petitions. The petitioners would further aver that dispossessing
them without referring to due process of law, filed O.S.No.30 of 2017 & O.S.No.31 of 2017 filed before the District Munsif Court, Thiruvottiyur,
praying for permanent injunction restraining the 5th respondent from evicting/dispossessing the petitioners except under due process of law and the said suits are also still pending.
4
5
6
Tamil Nadu Town and Country Planning Act, 1971 along with the petition for stay under 80A[iii] of the Tamil Nadu Town and Country Planning Act, 1971 within a period of two weeks from the date of receipt of a copy of this order by enclosing the copy of this order as well as the relevant and authenticated document to the Secretary, Housing and Urban Development Department, Secretariat, Chennai – 600 009 and the said official, upon receipt of the same may entertain the revisions/appeals if it is permissible under law, and deal with the same in accordance with law. The said official is at liberty to take a petition for stay, if the main revisions/appeals are maintainable and give a disposal within a further period of two weeks from the date of entertainment of the special revision / appeal and till such time, the officials Corporation of Chennai shall defer further decision in terms of the impugned notices dated 25.07.2017.
costs. Consequently, the connected WMPs are closed.
kv/rka
7
To
8
M.SATHYANARAYANAN, J., and SATRUGHANA PUJAHARI, J.,
kv/rka
W.P. Nos.23910 and 23911 of 2017
and W.M.P.Nos.25169 to 25172 of 2017
04.12.2017
2 issues framed by the court
Whether a direction to parties to approach authorities seeking revision under Section 80A of the Tamil Nadu Town and Country Planning Act, 1971 warrants disposal of the writ petitions.
Whether the Corporation of Chennai should defer further decision on condoned penalties notices till the appeals are disposed.
2 provisions across 2 enactments
R.Lakshmanan
Hafisullahkhan
The Commissioner, Greater Chennai Corporation
The Assistant Engineer
The Assistant Executive Engineer
The Executive Engineer
M.Sathyanarayanan
Satrughana Pujhari
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
M.Sathyanarayanan and Satrughana Pujhari
Parties & counsel
