Madras High Court
Mustafa M Kesria … vs The Secretary on 19 September, 2022
W.P. No. 25178 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 19.09.2022
CORAM
THE HON'BLE MR. JUSTICE T. RAJA
AND
THE HON'BLE MR. JUSTICE P.D. AUDIKESAVALU
W.P. No. 25178 of 2022
and
W.M.P. No. 24134 of 2022
Mustafa M Kesria … Petitioner
-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 – 600 008. ... Respondents
Writ Petition filed under Article 226 of the Constitution of India, 1950,
praying to issue 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 and quash the same and consequently directing the 2nd
respondent to conduct enquiry based on the records submitted by the petitioner
dated 24.05.2022 and 30.08.2022.
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W.P. No. 25178 of 2022
For Petitioner : Mr. P.Subba Reddy
For Respondents : Mrs. M.Geetha Thamaraiselvan,
Special Government Pleader (for R1)
Mr. C.N.Vinobha,
Standing Counsel for CMDA (for R2)
Mr. D.B.R.Prabhu,
Standing Counsel for Corporation of Chennai
(for R3)
ORDER
(Order of the Court was made by T.Raja, J.)
This writ petition has been directed against the 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 and
quash the same and to consequently direct the 2nd respondent to conduct
enquiry based 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.
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W.P. No. 25178 of 2022
3. The learned counsel appearing for the petitioner submitted that though
the planning permission was granted on 28.11.1992 vide Planning Permission
No. B/Spl.Bldg/481/A-B/1992 to raise ground + 3 floors, the petitioner has put
up ground + 4 floors and the same has also been completed before the cut-off
date, i.e. 28.02.1999. In support of his submission, he has also produced the tax
receipt at page no. 54 of the typed-set of documents. Again, placing reliance on
the judgment of the Division Bench of this Court 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 pertaining to constructions prior to
the cut-off date, i.e. 28.02.1999 could be considered. Therefore, when the
petitioner has even completed the 4th floor before the cut-off date, i.e.
28.02.1999 and the Petitioner has 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 lock and seal notice
without issuing notice calling upon the petitioner to produce the planning
permission is untenable.
4. He has also submitted that as against the impugned order, the
petitioner has also filed the special revision petition on 15.09.2022 under
Section 80-A of the Act before the 1st respondent. He further submitted that
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W.P. No. 25178 of 2022
during the pendency of this writ petition, no coercive steps would be taken
otherwise, the special revision petition would become infructuous.
5. We also find that the petitioner has to work out his remedy only in the
special revision petition under Section 80-A of the Act pending before the 1st
respondent. Therefore, considering the fact that keeping the matter pending
would unnecessarily cause delay in disposal of the special revision petition
under Section 80-A of the Act pending before the 1st respondent, we hereby
direct the 1st respondent to consider the pending special revision petition and
pass reasoned orders 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.
In view of the above, this writ petition is disposed of. Consequently, the
connected miscellaneous petition is closed. No costs.
(T.R., J.) (P.D.A., J.)
19.09.2022
vjt
Index: Yes/No
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W.P. No. 25178 of 2022
To
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 – 600 008.
https://www.mhc.tn.gov.in/judis
W.P. No. 25178 of 2022
T.RAJA, J.
AND
P.D. AUDIKESAVALU, J.
vjt
W.P. No. 25178 of 2022
19.09.2022
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