Allowed

A.Palanikumar v. the Commissioner

Madras HC3 Oct 2023WP/27381/2023

Case brief

AI extract

What is this about?

The petition sought a writ of mandamus to de-seal premises occupied by the petitioner-tenant, alleging lack of notice under Section 56(2) of the Tamil Nadu Town and Country Planning Act, 1971. The Court directed immediate de-sealing and directed the petitioner to vacate by a specified date.

What did the court decide?

Directed respondents 1 to 4 to de-seal the premises forthwith and directed petitioner to vacate premises by 02.11.2023.

A.Palanikumar Vs the Commissioner — Constitutional and Fundamental Rights | Madras HC (2023)

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W.P.No.27381 of 2023

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 03.10.2023

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CORAM

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THE HONOURABLE Mrs. JUSTICE J.NISHA BANU

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AND

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THE HONOURABLE Mrs.JUSTICE N.MALA

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W.P.No.27381 of 2023

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and

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W.M.P.No.26819 of 2023

A.Palanikumar

.... Petitioner

The Commissioner, Greater Chennai Corporation, Ripon Building,

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Chennai - 600 003.

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The Executive Engineer, Zone V, Greater Chennai Corporation, No.61, Basin bridge Road, Washermenpet, Chennai.

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The Assistant Executive Engineer, Zone-V, Unit-14, Greater Chennai Corporation, No.2, Adhikesavalu Street, Chidtadripet.

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The Assistant Engineer, Division-61, Greater Chennai Corporation, No.25, Driver Street,

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Pudupet, Chennai - 600 002.

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https://www.mhc.tn.gov.in/judis

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Page 1/5

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W.P.No.27381 of 2023

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J.Jayapaul Mohan, S/o A.S.Joseph ...Respondents

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Prayer: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus to direct the respondents 1 to 4 to consider the representation of the petitioner dated 2808.2023 and de-seal the premises situated in Old No.66, New No.10, Perumal street, Egmore, Chennai - 600 008 on 28.08.2023 in the light of Section 56(2) of the Tamil Nadu town and Country Planning Act, 1971.

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For Petitioner : M/s.Paul and Paul

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For Respondents : Mr.D.B.R.Prabu, Standing Counsel for Chennai Corporation

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ORDER

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(Order of the Court was made by J.NISHA BANU, J.,)

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This Writ Petition has been filed to issue a Writ of Mandamus to

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direct the respondents 1 to 4 to consider the representation of the petitioner dated 2808.2023 and de-seal the premises situated in Old No.66, New No.10, Perumal street, Egmore, Chennai - 600 008 on 28.08.2023 in the light of Section 56(2) of the Tamil Nadu town and Country Planning Act, 1971.

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It is the specific contention of the learned counsel for the petitioner

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that the petitioner is a tenant under the 5th respondent at Old No.66, New No.10, Perumal Street, Egmore, Chennai - 600 008 (Ground Floor , 450 sq.ft built up area) and without giving notice to the petitioner, the respondent

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https://www.mhc.tn.gov.in/judis

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Page 2/5

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W.P.No.27381 of 2023

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Corporation has sealed the premises. Learned counsel for the petitioner would further state that on 20.09.2023, this Court had directed the Chennai Corporation to de-seal the said premises and allow the petitioner to occupy the premises and report before this Court on 29.09.2023. However, the premises is not de-sealed till date.

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Learned Standing Counsel for the Chennai Corporation also agreed that the premises is not de-sealed.

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In view of the above stated position, the respondents 1 to 4 are directed to de-seal the premises forthwith since the petitioner/tenant was not put on notice before sealing the presmises. The learned counsel for the petitioner is directed to advise the petitioner to vacate the premises by 02.11.2023.

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With the aforesaid directions, the Writ Petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed.

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Post the matter 'for reporting compliance' on 03.11.2023.

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vsi Index : Yes / No Internet : Yes / No Neutral citation : Yes / No

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Page 3/5

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https://www.mhc.tn.gov.in/judis

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W.P.No.27381 of 2023

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The Commissioner, Greater Chennai Corporation, Ripon Building, Chennai - 600 003.

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The Executive Engineer, Zone V, Greater Chennai Corporation, No.61, Basin bridge Road, Washermenpet, Chennai.

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The Assistant Executive Engineer, Zone-V, Unit-14, Greater Chennai Corporation, No.2, Adhikesavalu Street, Chidtadripet.

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The Assistant Engineer, Division-61, Greater Chennai Corporation, No.25, Driver Street, Pudupet, Chennai - 600 002.

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https://www.mhc.tn.gov.in/judis

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Page 4/5

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W.P.No.27381 of 2023

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J. NISHA BANU, J. and N.MALA, J.

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vsi

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W.P.No.27381 of 2023

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03.10.2023

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https://www.mhc.tn.gov.in/judis

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A.Palanikumar v. the Commissioner

Case brief

What is this about?

What did the court decide?

A.Palanikumar v. the Commissioner

Case brief

What is this about?

What did the court decide?

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