J.Jamal Vs the Commissioner Greater Chennai Corporaiton

Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of Writ of Mandamus, forbearing the respondents 1 to 3 herein from initiating any drastic action in locking and sealing the premises of the petitioner bearing Door No.6/15, 18th street, B.V.Nagar, Nanganallur, Chennai -600 061 in the light of the pendency of appeal dated 16.10.2020 filed

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

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W.P.No.21552 of 2024

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by the petitioner before the principal secretary to the Government of Tamilnadu, Housing and Urban Development department, Secretariat, Chennai-600 009.

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For Petitioner : Mr.D.Murthy For Respondents : Mrs.S.Vanitha Joice Rani, Standing Counsel for GCC (for R1&3) Mr.R.Thamaraiselvan, Standing Counsel for CMDA (for R2) Mr.K.Chozhan (for R4)

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ORDER

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

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The Writ of Mandamus has been instituted to forbear the respondents 1 to

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3 herein from initiating any action for locking and sealing the petitioner's premises bearing Door No.6/15, 18th street, B.V.Nagar, Nanganallur, Chennai

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-600 061 during the pendency of the appeal.

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The relief as such sought for to prevent the authorities from initiating actions against the unauthorized construction cannot be granted by this Court. Negative prayer sought for by the petitioner is not entertainable. The authorities competent are empowered to initiate actions, if the building of the petitioner is identified as unauthorized.

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Learned counsel for the petitioner would submit that, an appeal

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filed under Section 80A of Tamil Nadu Town and Country Plan Act is pending. https://www.mhc.tn.gov.in/judis Page 2 of 4

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4.

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However, the learned counsel for the respondents would submit

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that the appeal has already been disposed of on 28.10.2024.

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Irrespective of the fact regarding the pendency or disposal of the appeal, the authorities on identification of unauthorized building are empowered to initiate all appropriate actions by following the due procedures as contemplated under the Act and Rules.

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6 . Thus, the prayer is not entertainable. Accordingly, the Writ Petition stands dismissed. No costs. Consequently, the connected Miscellaneous Petitions, if any, are closed.

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[S.M.S., J.] [K.R.S., J.] 14.02.2025

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Index: Yes/No Speaking/Non-speaking order gd

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W.P.No.21552 of 2024

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S.M.SUBRAMANIAM, J. AND K.RAJASEKAR, J.

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gd