Writ petitions against show cause notices alleging unauthorised construction while statutory revision petitions were pending before the first respondent. The Court directed disposal of the revisions within sixteen weeks and ordered status quo with no coercive action in the interim.
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WP.Nos.5215 and 5222 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 18.03.2024
CORAM
THE HONOURABLE MR.JUSTICE S.S.SUNDAR and THE HONOURABLE MR.JUSTICE N.SENTHILKUMAR
WP.Nos.5215 and 5222 of 2024 and WMP.Nos.5730, 5731, 5735 and 5737 of 2024
Dr.K.Jayakumar ... petitioner in WP.No.5215 of 2024 S.Malathi ... petitioner in WP.No.5222 of 2024
Vs.
...respondents in both the petitions
COMMON PRAYER: Writ Petitions filed under Article 226 of the Constitution of India seeking to issue a Writ of Mandamus forbearing the second respondent from taking any coercive steps pursuant to the final show
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WP.Nos.5215 and 5222 of 2024
cause notice bearing Ref.No.Na.Ka.No.212/2021/F-1-9 and Ref.No.Na.Ka.No.212/2021/F-1-26, dated 10.01.2024 which was received by me on 24.01.2024 pending disposal of my revision petition dated 12.01.2023 now on the file of the first respondent.
For petitioner (both the writ petitions)
: Mr.Aravind Subramanian
For respondents (both the writ petitions) for R1 : Mrs.V.Yamuna Devi, Spl.G.P. for R2 : Mr.B.Anand
COMMON ORDER
(The Order of the Court was made by S.S.SUNDAR, J)
These Writ Petitions are filed for issuance of a Writ of Mandamus forbearing the second respondent from taking any coercive steps pursuant to the final show cause notice bearing Ref.No.Na.Ka.No.212/2021/F-1-9 and Ref.No.Na.Ka.No.212/2021/F-1-26, dated 10.01.2024 which was received
by the petitions on 24.01.2024 pending disposal of their revision petition dated 12.01.2023.
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WP.Nos.5215 and 5222 of 2024
2. The petitioner in WP.No.5215 of 2024 put up a construction in the
year 2003 and notice was issued by the second respondent alleging that the entire construction was unauthorised and violation of building regulations. As against the subsequent order of the second respondent in locking and sealing of the premises, the petitioner has filed revision petition dated 12.02.2024.
3. The petitioner in WP.No.5222 of 2024 purchased a plot in 2003 and put up construction after getting approval. The case of the petitioner is that the second respondent issued show cause notice dated 10.01.2024 on the premises that the petitioner constructed the building in violation of the Building Regulations and the entire construction is unauthorised. Challenging the order, the petitioner has filed a revision petition on 12.02.2024 and the same is pending.
4. Considering the fact that the petitioners' revision petitions are pending, this Court in tune with the earlier decisions of this Court, is inclined to direct the first respondent to dispose of the statutory revision and to maintain status quo till such time revision is disposed of on merits. Accordingly, the Writ Petitions are disposed of on the following lines:
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WP.Nos.5215 and 5222 of 2024
i) the first respondent is directed to consider and pass appropriate orders on the statutory revisions said to have been filed under Section 80-A of the Town and Country Planning Act within a period of sixteen weeks from the date of receipt of a copy of this order.
ii) Till such time, the revision petitions filed by both the Writ Petitioners are disposed of by the first respondent, the second respondent shall maintain status quo and there shall not be any coercive action pursuant to the show cause notice dated 10.01.2024 issued by the second respondent.
No costs. Consequently, connected miscellaneous petitions are closed.
(S.S.S.R.J.,) (N.S.J.,) 18.03.2024
Index : Yes / No Speaking order: Yes/No pvs
To
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WP.Nos.5215 and 5222 of 2024
S.S.SUNDAR, J. and N.SENTHILKUMAR, J.
pvs
WP.Nos.5215 and 5222 of 2024
18.03.2024
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1 issue framed by the court
Whether coercive steps under a final show cause notice for unauthorised construction can be restrained while a statutory revision is pending.
1 provisions across 1 enactments
Dr.K.Jayakumar
S.Malathi
The Principal Secretary, Government of Tamil Nadu, Housing and Urban Development Department, Chennai
The Commissioner and Member Secretary, Local Planning Committee, Pollachi
S.S.Sundar
N.Senthilkumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
