Madras High Court
Mrs.Razia Banu vs The Secretary on 19 September, 2022
W.P.No.25419 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 19.09.2022
CORAM
THE HONOURABLE MR.JUSTICE T.RAJA
AND
THE HONOURABLE MR.JUSTICE P.D.AUDIKESAVALU
W.P.No.25419 of 2022
1. Mrs.Razia Banu
2. A.K.Shamshuddin
3. Mrs.Nasima Palanpurwala
4. Mrs.Vasantha Kumari
5. Mr.Mustafa Kesaria
6. Mrs.Rizwana Haji
7. Mr.Roopash Lakshman
8. Mrs.Razia Feroze Dhanaliwala .. Petitioners
-vs-
1. The Secretary
Housing and Urban Department
Fort St.George
Chennai 600 009
2. The Member Secretary
Chennai Metropolitan Development Authority
No.8, Gandhi Irwin Road
Egmore, Chennai 600 008
3. The Commissioner
Corporation of Chennai
Rippon Buildings, Chennai 600 003 .. Respondents
1/6
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W.P.No.25419 of 2022
Petition under Article 226 of the Constitution of India, praying for
issuance of a Writ of Certiorarified Mandamus, calling for the records in
Letter No.EC/N-1/2866/2021 dated 13.09.2022 passed by the 2nd
Respondent in relation to the property bearing Door No.10, Vasu Street,
Kilpauk, Chennai 600 010 on respective petitioners and quash the same and
direct the 2nd Respondent to conduct enquiry based on the records submitted
by the petitioner dated 24.05.2022 and 30.08.2022 and pass orders
accordingly.
For Petitioners :: Mr.P.Subba Reddy
For Respondents :: Mrs.M.Geetha Thamaraiselvan
Special Government Pleader
for R1
Mr.C.N.Vinobha
Standing Counsel for R2
Mr.D.B.R.Prabhu
Standing Counsel for R3
ORDER
(Order of the Court was made by T.RAJA, J.)
The petitioners have filed the present writ petition challenging the de-
occupation notice dated 13.09.2022 issued by the second respondent
bearing Letter No.EC/N-1/2866/2021 in relation to the property bearing
Door No.10, Vasu Street, Kilpauk, Chennai 600 010, quash the same with a
consequential direction to the second respondent to conduct enquiry based
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W.P.No.25419 of 2022
on the records submitted by the petitioner dated 24.05.2022 and 30.08.2022.
2. Mrs.M.Geetha Thamaraiselvan, learned Special Government
Pleader takes notice for 1st respondent, Mr. C.N.Vinobha, learned Standing
Counsel takes notice for the 2nd respondent and Mr. D.B.R.Prabhu, learned
Standing Counsel takes notice the 3rd respondent.
3. Mr.P.Subba Reddy, learned counsel appearing for the petitioners
submitted that though the planning permission was granted on 28.11.1992
vide Planning Permission No.B/Spl.Bldg/481/A-B/1992 by order
No.B1/22539/92 to raise ground + 3 floors, the developer has put up ground
+ 4 floors and the same have also been completed before the cut-off date,
i.e. 28.02.1999 and the petitioners are the owners of the flats in the fourth
floor of the property in question. In support of his submission, he has also
produced the tax receipt at page no.45 of the typed-set of documents. Again,
placing reliance on the judgment of the Division Bench of this Court in
Consumer Action Group Vs. State of Tamil Nadu reported in (2006) 4
CTC 483, he submitted that it has been held that applications for exemption
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W.P.No.25419 of 2022
pertaining to constructions prior to the cut-off date, i.e. 28.02.1999 could be
considered. Therefore, when the developer has even completed the 4th floor
before the cut-off date, i.e. 28.02.1999 and has also made an application
under Section 113-A of the Tamil Nadu Town and Country Planning Act,
1971 (hereinafter referred to as 'the Act' for short), which is pending, the
issuance of de-occupation notice to the petitioners is untenable. He has also
submitted that as against the impugned notice, the petitioners have also filed
special revision on 15.09.2022 under Section 80-A of the Act before the
first respondent and during the pendency of the special revision, no coercive
steps should be taken, otherwise the special revision would become
infructuous.
4. We also find that the petitioners have to work out their remedy only
in the special revision filed under Section 80-A of the Act, which is pending
before the first respondent. Therefore, considering the fact that keeping the
matter pending would unnecessarily cause delay in disposal of the special
revision under Section 80-A of the Act pending before the first respondent,
we hereby direct the first respondent to consider the pending special
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W.P.No.25419 of 2022
revision and pass a reasoned order on merits and in accordance with law
within a period of three months from the date of receipt of a copy of this
order. It is made clear that till the aforesaid exercise is completed, status quo
as on today shall be maintained. With the above direction, the writ petition
stands disposed of. Consequently, W.M.P.No.24400 of 2022 is closed.
However, there is no order as to costs.
Speaking/Non speaking order (T.R.,J.) (P.D.A,J.)
Index : yes/no 19.09.2022
ss
To
1. The Secretary to Government
Housing and Urban Development Department
Fort St.George
Chennai 600 009
2. The Member Secretary
Chennai Metropolitan Development Authority
No.8, Gandhi Irwin Road
Egmore
Chennai 600 008
3. The Commissioner
Greater Chennai Corporation
Rippon Buildings
Chennai 600 003
https://www.mhc.tn.gov.in/judis
W.P.No.25419 of 2022
T.RAJA, J.
and
P.D.AUDIKESAVALU, J.
ss
W.P.No.25419 of 2022
19.09.2022
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