Respondents 1 to 6 sought to withdraw an impugned order, stating an appeal under Section 80-A pending before the Government. The court directed the First Respondent to dispose of the appeal within four weeks.
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W.P.No.14494 of 2020
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 17.08.2023
CORAM
THE HON'BLE MRS. JUSTICE J.NISHA BANU AND THE HON'BLE MRS. JUSTICE N.MALA
W.P.No.14494 of 2020 and
W.M.P.No.17976 of 2020
M/s. The South Indian National Association Rep. by its Honorary Secretary Mr. K.S. Hemanth Kumar No. 40, Luz Church Road Mylapore, Chennai 600 004. ... Petitioner
Vs.
Page 1/6
W.P.No.14494 of 2020
Pulla Avenue, Shenoy Nagar, Chennai 600 030 5. Assistant Commissioner / Zonal Officer Greater Chennai Corporation No. 4, 4th Cross street, Lakeview Road Chennai 600 034 6. Assistant Engineer (Ward 123) Greater Chennai Corporation Division 123 Office No. 29, CP Ramasamy Road, Mylapore Chennai 600 004 7. Mr.S.Arunachalam 8. S.Saravanan 9. S.Senthil (R7 to R9 are impleaded vide order dated 22/12/2020 made in WMP.22852/2020 in WP.14494/2020 by MSNJ, RHJ)
... Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India, for issuance of Writ of Mandamus, to direct the Respondents 1 to 6 to take appropriate actions for removal of the unauthorized portions of the construction being made at old No. 15A, New No. 26 Karpagambal Nagar, Mylapore, chennai.
For Petitioner : Mr.K.R.Arun Shabari For Respondents : Mr.E.Vijay Anand Additional Government Pleader for R1 Mr.C.N.Vinobha Standing Counsel for R2 Mr.D.B.R.Prabhu Standing Counsel for R3 to R6
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W.P.No.14494 of 2020
ORDER
This Writ Petition has been filed for a direction to the respondents 1 to 6 to take appropriate action for removal of unauthorized portions of construction being made at old No. 15A, New No. 26 Karpagambal Nagar, Mylapore, chennai.
It is the case of the petitioner Association that it was formed in the year 1905, to promote and encourage various branches of knowledge, maintain library, reading room, arranging for lectures, seminars, promotion of art and classical music, etc., and situated in the above mentioned address. While so, the respondents 7 to 9 started constructing a building at Door No.15A, New No.26, Block No.35, Survey No.R.S.No.1673/15 & 18, Karpagambal Nagar, Mylapore, Chennai – 600 004, without providing any setback spaces. Hence, the petitioner Association made representations before the official respondents. Since no action has been taken on the part of the respondents, the petitioner has preferred the present Writ Petition.
When the matter is taken up for hearing, the learned Standing Counsel appearing for the respondents 3 to 6 filed a status report before this Court,
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W.P.No.14494 of 2020
wherein it has been stated that an appeal filed by the respondents 7 to 9 under Section 80-A is pending before the Government. The learned counsel would further submit that it would suffice, if a direction is issued to the 1st respondent to dispose of the appeal filed by the respondents 7 to 9 on 28.09.2020 within a time limit to be fixed by this Court.
Heard both sides and perused the materials available on record.
the 1st respondent to consider the appeal filed by the respondents 7 to 9 on 28.09.2020, under Section 80-A of the Tamil Nadu Town and Country Planning Act and pass orders on merits and in accordance with law, within a period of four weeks from the date of receipt of a copy of this order. Accordingly, the Writ Petition is disposed of. No costs. Consequently connected miscellaneous petition is closed.
(J.N.B., J.) (N.M., J.) Index : Yes / No 17.08.2023 Internet : Yes / No Jer
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W.P.No.14494 of 2020
To
1.The Principal Secretary to Government State of Tamil Nadu Housing and Urban Development Department The secretariat Fort St. George Chennai 600 009 2.The Member Secretry Chennai Metropolitan Development Authority Thalamuthu Natarajan Maaligai No. 1, Gandhi Irwin Road, Egmore, Chennai 600 008 3.The Commissioner Greater Chennai Corporation Rippon Building, Chennai 600 003 4.The Deputy Commissioner (Central) Greater Chennai Corporation Door No. 36B, 2nd Cross street Pulla Avenue, Shenoy Nagar, Chennai 600 030 5.The Assistant Commissioner / Zonal officer Greater Chennai Corporation No. 4, 4th Cross street, Lakeview Road Chennai 600 034 6.The Assistant Engineer (Ward 123) Greater Chennai Corporation Division 123 Office No. 29, CP Ramasamy Road, Mylapore Chennai 600 004
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W.P.No.14494 of 2020
J. NISHA BANU, J. and N.MALA, J.
Jer
W.P.No.14494 of 2020 and W.M.P.No.17976 of 2020
17.08.2023
https://www.mhc.tn.gov.in/judis Page 6/6
1 issue framed by the court
Whether a direction should be issued to the Principal Secretary to dispose of the pending appeal filed by the respondents 7 to 9 under Section 80-A of the Tamil Nadu Town and Country Planning Act.
1 provisions across 1 enactments
The South Indian National Association
State of Tamil Nadu
Chennai Metropolitan Development Authority
Greater Chennai Corporation
Mr.S.Arunachalam
S.Saravanan
J.NISHA BANU
N.MALA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
