Petitioner challenged demolition notice issued by GMDC while regularization application pending. Court directed authorities to consider the pending application and refrain from coercive steps.
Petitioner's regularization application dated 31.10.2000 to be considered within three months after hearing; no coercive steps until disposal.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 03.03.2017
CORAM
THE HON'BLE MR.HULUVADI G.RAMESH, ACTING CHIEF JUSTICE AND
THE HON'BLE MR.JUSTICE R.MAHADEVAN
W.P.No.5394 of 2017 and W.M.P.No.5719 of 2017
Dr.S.Arun Kumar
.. Petitioner
Vs 1 The Member Secretary Chennai Metropolitan Development Authority Gandhi Irwin Road Egmore, Chennai-600 008. 2 The Executive Engineer Greater Corporation of Chennai Zonal Office - X No.117 NSK Salai Kodambakkam Chennai-600 024. .. Respondents PRAYER: Petition under Article 226 of the Constitution of India for issuance of a writ of Certiorari calling for the records in the impugned Locking & sealing and Demolition notice No.ZONE10/TP ENFORCEMENT/00123/2017, dated 10.02.2017 issued by the 2nd respondent and quash the same.
For Petitioner : Mr.S.Udhayakumar For Respondents : Mr.K.Rajasrinivas for 1st respondent Mr.A.Nagarajan for 2nd respondent ORDER (Order of the Court was made by the Acting Chief Justice)
Mr.K.Rajasrinivas, learned counsel takes notice for the first respondent. Mr.A.Nagarajan, learned counsel takes notice for the second respondent.
The writ petition is disposed of accordingly. No costs. Consequently, connected miscellaneous petition is closed.
-s/dAssistant Registrar
True Copy
Sub-Assistant Registrar
sasi
To:
1 The Member Secretary Chennai Metropolitan Development Authority Gandhi Irwin Road Egmore, Chennai-600 008.
W.P.No.5394 of 2017
gml(co)
aa14/03/2017
2 issues framed by the court
Whether the issuance of Locking, sealing, and demolition notice without disposal of a pending regularization application is maintainable.
Whether the petitioner is entitled to an opportunity to avail of the regularization scheme before coercive steps are taken.
2 provisions across 2 enactments
Dr. S. Arun Kumar
The Member Secretary, Chennai Metropolitan Development Authority
The Executive Engineer, Greater Corporation of Chennai
Huluvadi G.Ramesh
R.Mahadevan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
