Allowed

K.Mohan v. the Secretary

Madras HC6 Sept 2024WP/26469/2024

Case brief

AI extract

What is this about?

A writ petition seeking a Mandamus to restrain coercive action against the petitioner's property pending a statutory revision appeal under the Tamil Nadu Town and Country Planning Act. The High Court directed the respondent Government to dispose of the revision within sixteen weeks while maintaining status quo.

What did the court decide?

Directed the 1st respondent to dispose of the statutory revision within sixteen weeks with personal hearing; directed all respondents to maintain status quo until such disposal.

K.Mohan Vs the Secretary — Municipal and Town Planning | Madras HC (2024)

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W.P.No.26469 of 2024

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 06.09.2024

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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 K.RAJASEKAR

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W.P.No.26469 of 2024

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and

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W.M.P.No.28931 of 2024

K.Mohan

... Petitioner

Vs.

1.The Secretary Government of Tamil Nadu Housing and Urban Development Department Fort St George, Secretariat

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Chennai 600 009.

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2.The Principal Secretary/Commissioner Greater Chennai Corporation Rippon Building, Chennai 600 003.

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3.Executive Engineer Zone 10, Greater Chennai Corporation No.117, NSK Salai, Kodambakkam Chennai 600 024.

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4.The Assistant Executive Engineer Division 128, Greater Chennai Corporation

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Page 1

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

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W.P.No.26469 of 2024

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No.117, NSK Salai, Kodambakkam Chennai 600 024.

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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 forbearing the respondents from taking any coercive action against the petitioner's building located at No.29/16 Swarnabigai Nagar, Virugambakkam, Chennai 600 092 pending disposal of the appeal dated 11.03.2024 filed by the petitioner under Section 80-A of Town and Country Planning Act before the respondents herein.

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For Petitioner : Mr.Louisal Ramesh For R1&R2 : Mr.M.Habeeb Rahman,GA For RR 3 &4 : Mr.Arun Babu 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 forbearing the respondents from taking any coercive steps against the petitioner's building located at No.29/16 Swarnabigai Nagar, Virugambakkam, Chennai 600 092 pending disposal of the appeal dated 11.03.2024 filed by the petitioner under Section 80-A of Town and Country Planning Act before the respondents herein.

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Page 2

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

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W.P.No.26469 of 2024

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2.As against the final notice dated 19.08.2024 under Sections 57 and

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58 read with other provisions of Town and Country Planning Act, the petitioner states that a statutory revision under Section 80-A of the Tamil Nadu Town and Country Planning Act, 1971, is preferred by the petitioner, before the 1^st respondent. The apprehension of the petitioner is that the respondents are likely to take coercive enforcement action pursuant to the notice dated 19.08.2024 against the petitioner herein, pending disposal of the statutory revision. Hence, the learned Counsel appearing for the petitioner prays for an order directing the respondents to maintain status quo till the disposal of the statutory revision filed by the petitioner.

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3.This Court, in similar circumstances, have passed orders for early disposal of the revision by the Government and to maintain status quo in the meanwhile. Having regard to the consistent view taken by this Court, we are inclined to issue the following directions :

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i. The 1^st respondent is directed to consider and dispose of the statutory revision, stated to have been filed by the petitioner, under Section 80-A of the Tamil Nadu Town and Country Planning Act, 1971, and

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Page 3

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

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W.P.No.26469 of 2024

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pass appropriate orders on merits and in accordance with law, after affording an opportunity of personal hearing to the petitioner, within a period of sixteen weeks from the date of receipt of a copy of this order, and communicate the same to the petitioner.

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ii. Till such time the petitioner's revision petition is disposed of by the 1^st respondent on merits and the order is communicated to the petitioner, the respondents are directed to maintain status quo .

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4.With these directions, this writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed.

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(S.S.S.R., J.) (N.S., J.) 06.09.2024

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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.26469 of 2024

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1.The Secretary Government of Tamil Nadu Housing and Urban Development Department Fort St George, Secretariat Chennai 600 009.

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2.The Principal Secretary/Commissioner Greater Chennai Corporation Rippon Building, Chennai 600 003.

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3.Executive Engineer Zone 10, Greater Chennai Corporation No.117, NSK Salai, Kodambakkam Chennai 600 024.

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4.The Assistant Executive Engineer Division 128, Greater Chennai Corporation No.117, NSK Salai, Kodambakkam Chennai 600 024.

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Page 5

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

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W.P.No.26469 of 2024

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S.S. SUNDAR, J. and K.RAJASEKAR, J.

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W.P.No.26469 of 2024

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06.09.2024

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Page 6

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

K.Mohan v. the Secretary

Case brief

What is this about?

What did the court decide?

K.Mohan v. the Secretary

Case brief

What is this about?

What did the court decide?

What the court decided

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