Madras High Court
G.Rama Mehenthi vs The Commissioner on 19 September, 2022
W.P.No.21003 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.21003 of 2022
G.Rama Mehenthi .. Petitioner
Versus
1.The Commissioner,
Greater Chennai Corporation,
Rippon Building, Chennai – 3
2.The Executive Engineer (VIII),
Zonal Office VIII,
Shenoy Nagar, Chennai – 30.
3.Mrs.Jaifunnissa
4.Zahir Hussain .. Respondents
Prayer: Writ Petition has been filed under Article 226 of the Constitution of India seeking
for issuance of a writ of mandamus to direct the respondents 1 and 2 to initiate further
action under Section 56(5) of the Town Nadu Town and Country Planning Act in
continuation to the notice dated 06.10.2021 issued by the second respondent to the third
respondent and demolish and remove the illegal and unauthorized construction made by
the respondents 3 and 4 in the premises in Block 14, AH-20, situate at T.S.No.199 (part),
Block No.14, Naduvakkarai Village, Shanthi Colony, Anna Nagar, Chennai – 40.
For Petitioner : Mr.S.Thanka Sivan
For R1 & R2 : Mr.S.Gopinath, Standing Counsel
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W.P.No.21003 of 2022
ORDER
(Judgment of the Court was delivered by T.RAJA, J.)
Mr.G.Rama Mehenthi has filed this writ petition seeking for issuance of a writ of
mandamus to direct the respondents 1 and 2 to initiate further action under Section 56(5)
of the Town Nadu Town and Country Planning Act, in continuation to the notice dated
06.10.2021 issued by the second respondent to the third respondent and demolish and
remove the illegal and unauthorized construction made by the respondents 3 and 4 in the
premises in Block 14, AH-20, situate at T.S.No.199 (part), Block No.14, Naduvakkarai
Village, Shanthi Colony, Anna Nagar, Chennai – 40.
2. When the matter is taken up, Mr.S.Thanka Sivan, learned counsel for the
petitioner, by referring to the paragraph No.5 of the counter affidavit filed by the second
respondent, submitted that as against the impugned notice dated 06.10.2021, the third
respondent has already filed a Special Revision Petition under Section 80-A of the Tamil
Nadu Town and Country Planning Act, 1971 (in short “the Act”) on 11.10.2021 in Appeal
No.17448 of 2021 and the same is pending consideration before the Secretary, Housing and
Urban Department, Chennai. Therefore, he has requested us to direct the said Authority
to dispose of his pending Special Revision Petition.
3. From the paragraph No.5 of the counter affidavit filed by the second respondent,
https://www.mhc.tn.gov.in/judis
W.P.No.21003 of 2022
it is seen that the third respondent/private party has already filed a Special Revision
Petition under Section 80-A of the Act on 11.10.2021 and it is pending consideration before
the Secretary, Housing and Urban Department, Chennai. Therefore, without going into
the merits of the matter, we hereby direct the Secretary, Housing and Urban Department,
Chennai, to consider and dispose of the Special Revision Petition filed by the third
respondent under Section 80-A of the Act in accordance with law, within a period of three
months from the date of receipt of a copy of this order. With this direction, the writ
petition stands disposed of. The Registry is directed to dispatch a copy of this order to the
Secretary, Housing and Urban Department, Chennai. No Costs.
(T.R., J.) (P.D.A., J.)
19.09.2022
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Index:yes/no
Speaking/non-speaking
To
1.The Commissioner,
Greater Chennai Corporation,
Rippon Building, Chennai – 3
2.The Executive Engineer (VIII),
Zonal Office VIII,
Shenoy Nagar, Chennai – 30.
3.The Secretary,
Housing and Urban Department,
Chennai.
T.RAJA, J.
https://www.mhc.tn.gov.in/judis
W.P.No.21003 of 2022
and
P.D.AUDIKESAVALU, J.
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W.P.No.21003 of 2022
19.09.2022
https://www.mhc.tn.gov.in/judis
