M. S. Rajamanickam v. Government of Tamil Nadu rep. By its Secretary to Government Housing & Urban Development Dept.
2014-05-07
K.K.SASIDHARAN, R.SUDHAKAR
body2014
DigiLaw.ai
Judgment : K.K. Sasidharan, J. 1. The petitioner seeks a writ of Mandamus forbearing the second and third respondents from locking and sealing the building constructed by him at Type-III Building, Vasanth Apartments, Velachery, Chennai, pending disposal of his appeal on the file of the first respondent. 2. The petitioner appears to have constructed a building without obtaining planning permission. The Chennai Corporation initiated enforcement action and the same resulted in issuing a locking and sealing notice on 21 March 2014. The petitioner thereafter preferred an appeal before the first respondent invoking Section 80-A of the Town and Country Planning Act. The appeal is now pending before the Government. 3. The petitioner wanted the Corporation to keep the enforcement action pending, till the disposal of the statutory appeal. 4. The learned counsel for the petitioner submitted that the petitioner would be satisfied, in case a direction is given to take up the stay petition filed along with the statutory appeal. 5. The petitioner has produced a copy of the appeal memorandum in support of his contention that he has already filed a statutory appeal before the first respondent. According to the petitioner, he has also filed an application for interim order. 6. The question as to whether status quo should be preserved during the currency of the appeal is essentially a matter to be decided by the first respondent. 7. The first respondent is directed to consider and dispose of the stay petition stated to have been filed by the writ petitioner, on merits and as per law as expeditiously as possible. However, we make it clear that we have not considered the merits of the matter and the direction to dispose of the stay petition should not be treated as an expression of opinion on the merits of the appeal. 8. The writ petition is disposed of with the above direction. Consequently, the connected MP is closed. No costs.