Writ petition against a notice under Sections 56 and 57 of the Tamil Nadu Town and Country Planning Act while the petitioner's special revision under Section 80[A] was pending. The court directed the first respondent to dispose of the statutory revision within sixteen weeks and ordered status quo till then.
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WP.No.8726/2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 01.04.2024
CORAM :
THE HONOURABLE MR. JUSTICE S.S. SUNDAR
AND
THE HONOURABLE MR. JUSTICE N.SENTHILKUMAR
WP.No.8726/2024
Dr.M.S.Thirumurthi
... Petitioner
Vs.
... Respondents
1
WP.No.8726/2024
Prayer
Prayer : Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of mandamus forbearing the respondents from initiating any coercive action pursuant to the impugned notice dated 29.12.2023 and received on 10.01.2024 bearing Letter No.Div.174/LIG-001/2023 issued under section 56 sub section 29[A] and 57 read with section 85 of the Tamil Nadu Town and Country Planning Act, 1971 till the disposal of the Special Revision Petition dated 08.02.2024 filed under Section 80[A] of the Tamil Nadu Town and Country Planning Act, 1971 with respect to the building at L-33/4 New No.57, 25th Cross Street, Besant Nagar, Chennai 600 090.
For Petitioner : Mr.K.Sivasubramanian For R1 : Mr.G.Nanmaran, Spl.GP For R2 to R4 : Mr.E.C.Ramesh
ORDER
[Order of the Court was made by S.S.SUNDAR, J.,]
(1)The present writ petition has been filed by the petitioner seeking for
issuance of a writ of mandamus to forbear the respondents from initiating any coercive action pursuant to the impugned notice dated 29.12.2023 till the disposal of the Special Revision Petition dated 08.02.2024 filed under Section 80[A] of the Tamil Nadu Town and Country Planning Act, 1971 with respect to the building at L-33/4 New No.57, 25th Cross Street, Besant Nagar, Chennai 600 090.
2
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3
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Till such time the statutory revision is disposed of by the 1st respondent in accordance with law, the respondents shall maintain status quo.
[S.S.S.R., J.] [N.S., J.] 01.04.2024
AP
Internet : Yes
To
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WP.No.8726/2024
S.S. SUNDAR, J., and N.SENTHILKUMAR, J.,
AP
WP.No.8726/2024
01.04.2024
5
1 issue framed by the court
Whether coercive enforcement action under a demolition/lock-and-close notice should be restrained while a statutory revision under Section 80[A] is pending.
5 provisions across 3 enactments
Dr.M.S.Thirumurthi
Secretary to Government Housing and Urban Development Secretariat, Chennai
The Assistant Engineer, The Greater Chennai Corporation Division 174, Shastri Nagar, Adyar, Chennai
The Assistant Executive Engineer, The Greater Chennai Corporation Unit-38, Adyar, Chennai
The Executive Engineer, The Greater Chennai Corporation Zone 13, Adyar, Chennai
S.S. Sundar
N.Senthilkumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
