Dismissed

A.Amirtha Raj v. the Additional Secretary (Technical)

Madras HC29 Apr 2024WP/10129/2024

Case brief

AI extract

What is this about?

The Court found no merit in the writ petition challenging the sealing of premises and directed the petitioner to pursue the pending statutory revision under Section 80-A of the Tamil Nadu Town and Country Planning Act, granting liberty to prosecute the same.

What did the court decide?

Petition dismissed. Liberty granted to prosecute statutory revision under Section 80-A of Tamil Nadu Town and Country Planning Act, 1971. Respondent directed to pass orders on merits before 04.06.2024

A.Amirtha Raj Vs the Additional Secretary… — Municipal and Town Planning | Madras HC (2024)

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W.P.No.10129 of 2024

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 29.04.2024

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CORAM :

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THE HONOURABLE MR. JUSTICE S.S. SUNDAR

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AND

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THE HONOURABLE MR. JUSTICE N. SENTHILKUMAR

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W.P.No.10129 of 2024 and

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W.M.P.Nos.11171 & 11172 of 2024

A.Amirtha Raj

... Petitioner

Vs.

1.The Additional Secretary (Technical) Housing and Urban Development Department, Secretariat, Fort St. George, Chennai – 600 009.

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2.Executive Engineer, Zone No.10, Greater Chennai Corporation, No.11/25, Dr.Ambedkar Road, Corporation Colony, Kamaraj Colony, Kodambakkam, Chennai – 600 024.

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3.The Assistant Executive Engineer, Unit-31, Greater Chennai Corporation, No.11/25, Dr.Ambedkar Road, Corporation Colony, Kamaraj Colony, Kodambakkam, Chennai – 600 024.

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Page 1

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

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W.P.No.10129 of 2024

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4.The Assistant Engineer (AE) Division 133, Greater Chennai Corporation, Ram Colony, West Mambalam, Chennai – 600 033.

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... Respondents

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Prayer : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing the 1^st respondent to pass orders on petitioner's revision petition filed on 13.03.2024 within stipulated time and till such time, direct the respondents 2 to 4 to remove the lock and seal from the petitioner's property situated at Door No.53, Andiappa Naicken Street, West Mambalam, Chennai.

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For Petitioner	:	Mr.N.Srinivasan for Mr.S.Ramachandran
For R1	:	Mr.G.Nanmaran Special Government Pleader
For R2 to R4	:	Mr.D.B.R.Prabhu
		Standing Counsel

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O R D E R

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(Order of the Court was made by S.S. SUNDAR, J. )

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This writ petition is filed for issuance of a Writ of Mandamus

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directing the 1^st respondent to pass orders on petitioner's revision petition

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Page 2

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

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W.P.No.10129 of 2024

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filed on 13.03.2024 within stipulated time and till such time, direct the respondents 2 to 4 to remove the lock and seal from the petitioner's property

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situated at Door No.53, Andiappa Naicken Street, West Mambalam, Chennai.

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2.This Court finds no merit in this writ petition, on admitted facts, for obvious reasons. Learned counsel appearing for the petitioner submitted that proceedings were initiated only in respect of a small portion of the building which is adjacent to the petitioner's building and that the respondents have now sealed the premises in which the petitioner is in occupation. This Court is not inclined to accept the case of the petitioner. However, the learned counsel also states that, as against the order for locking and sealing the premises dated 04.12.2021, the petitioner has preferred a statutory revision under Section 80-A of the Tamil Nadu Town and Country Planning Act, 1971. Learned counsel appearing for the 1^st respondent states that the statutory revision is posted for hearing tomorrow, i.e. on 30.04.2024.

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Page 3

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

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W.P.No.10129 of 2024

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3.In such circumstances, this Court disposing of this writ petition

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with liberty to the petitioner to prosecute his statutory revision in accordance with law. Since the 1^st respondent has listed the matter for hearing tomorrow, this Court expects the 1^st respondent to pass appropriate orders on merits and in accordance with law, within a reasonable time, atleast before 04.06.2024. No costs. Consequently, connected miscellaneous petitions are closed.

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(S.S.S.R., J.) (N.S., J.) 29.04.2024

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Note to Registry : Issue order copy today

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mkn

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Internet : Yes Index : Yes / No Neutral Citation : Yes / No

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Page 4

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

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W.P.No.10129 of 2024

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1.The Additional Secretary (Technical) Housing and Urban Development Department, Secretariat, Fort St. George, Chennai – 600 009.

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2.The Executive Engineer, Zone No.10, Greater Chennai Corporation, No.11/25, Dr.Ambedkar Road, Corporation Colony, Kamaraj Colony, Kodambakkam, Chennai – 600 024.

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3.The Assistant Executive Engineer, Unit-31, Greater Chennai Corporation, No.11/25, Dr.Ambedkar Road, Corporation Colony, Kamaraj Colony, Kodambakkam, Chennai – 600 024.

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4.The Assistant Engineer (AE) Division 133, Greater Chennai Corporation, Ram Colony, West Mambalam, Chennai – 600 033.

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Page 5

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

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W.P.No.10129 of 2024

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S.S. SUNDAR, J. and N. SENTHILKUMAR, J.

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mkn

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W.P.No.10129 of 2024

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29.04.2024

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Page 6

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

A.Amirtha Raj v. the Additional Secretary (Technical)

Case brief

What is this about?

What did the court decide?

A.Amirtha Raj v. the Additional Secretary (Technical)

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

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