Judgment · High Court

W.P.No.15892 of 2024IN THE HIGH COURT OF JUDICATURE AT MADRASDATED: 14.06.2024CORAM :THE HON'BLE MR. JUSTICE S.S.SUNDARANDTHE HON'BLE MR.JUSTICE N.SENTHILKUMARW.P.No.15892 of 2024Jasmine George..Petitionerv.1. The Secretary to the Government Housing & Urban Development Department Fort St.George Chennai 600 0092. The Commissioner Greater Chennai Corporation Ripon Building Chennai 600 0012. The Executive Engineer Zone-VIII, Greater Chennai Corporation No.13B/36B, Pulla Avenue Shenoy Nagar Chennai 600 030..RespondentsWrit Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus, directing the first respondent to consider and pass orders in the appeal petition dated 23.05.2024 filed under ____________Page 1 of 6 https://www.mhc.tn.gov.in/judis W.P.No.15892 of 2024the Town & Country Planning Act dated 23.05.2024 filed by the petitioner challenging the Lock & Seal order vide Letter No.TP/ENF/092/2023 dated 16.05.2024, issued by the third respondent herein under Section 56 of Town and Country Planning Act, 1971 pertaining to the subject property situated at Door No.D8/2, D Block, 2nd Avenue Extension, Anna Nagar East, Chennai 600 102 and consequently forbear all further proceedings of the respondents from initiating any coercive action of locking and sealing for the subject property, pending disposal of the petitioner's appeal petition before the 1st respondent. For Petitioner ::Mr.L.ChandrakumarFor Respondents::Mr.M.R.GokulkrishnanAdditional Government Pleaderfor R1Mr.E.C.RameshStanding Counsel for R2 & R3ORDER(Order of the Court was made by S.S.SUNDAR,J.)This writ petition is filed by the petitioner for issuance of a mandamus to the first respondent to consider and dispose of the appeal petition dated 23.05.2024 filed under Section 80-A of the Town and Country Planning Act challenging the locking & sealing order bearing No.TP/ENF/092/2023 dated 16.05.2024 issued by the third respondent under Section 56 of Town and Country Planning Act, 1971 pertaining to the subject property situated at Door No.D8/2, D Block, 2nd Avenue Extension, Anna Nagar East, Chennai ____________Page 2 of 6 https://www.mhc.tn.gov.in/judis W.P.No.15892 of 2024600 102 and consequently forbear the respondents from initiating any coercive action, pending disposal of the petitioner's appeal petition before the first respondent.2. It is the case of petitioner that she is the bona fide owner of the subject property, which was purchased from one Mr.R.Swagath by way of a registered sale deed dated 13.03.2003 bearing Document No.947 of 2003 and she is in absolute possession and enjoyment of the scheduled property ever since the date of purchase along with her infirm mother in law and daughter. It is the case of petitioner that the subject property was developed after getting approval from the concerned authorities and the construction was put up as early as in 1991 itself and some minor alterations have been carried out since school going children and age old infirm person are residing in the subject property. However, the third respondent has passed the impugned lock and seal order dated 16.05.2024 citing unauthorised/deviated construction on the ground that the petitioner has not restored the building in tune with the sanctioned plan. 3. The learned counsel appearing for the petitioner submitted that as ____________Page 3 of 6 https://www.mhc.tn.gov.in/judis W.P.No.15892 of 2024against the impugned locking & sealing order, the petitioner has preferred an appeal under Section 80-A of the Tamil Nadu Town and Country Planning Act before the first respondent and the same is pending.4. Considering the fact that the petitioner has filed an appeal under Section 80-A of the Tamil Nadu Town and Country Planning Act before the first respondent as against the lock & seal order impugned in this writ petition, the first respondent is hereby directed to dispose of the appeal on merits and in accordance with law, within a period of twelve weeks from the date of receipt of a copy of this order. Till such time an order is passed in the appeal petition and communicated to the petitioner, the respondents are directed to maintain status quo. The writ petition stands disposed of. Consequently, W.M.P.No.17330 of 2024 is closed. No costs. Index : yes/no (S.S.S.R.,J.) (N.S.,J.)Neutral citation : yes/no 14.06.2024ssTo1. The Secretary to Government____________Page 4 of 6 https://www.mhc.tn.gov.in/judis W.P.No.15892 of 2024 Housing & Urban Development Department Fort St.George Chennai 600 0092. The Commissioner Greater Chennai Corporation Ripon Building Chennai 600 0012. The Executive Engineer Zone-VIII, Greater Chennai Corporation No.13B/36B, Pulla Avenue Shenoy Nagar Chennai 600 030____________Page 5 of 6 https://www.mhc.tn.gov.in/judis W.P.No.15892 of 2024S.S.SUNDAR,J.AND N.SENTHILKUMAR,J.ss W.P.No.15892 of 202414.06.2024____________Page 6 of 6