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2014 DIGILAW 304 (MAD)

S. Baskaran v. Secretary To Govt. , Housing & Urban Development Dept

2014-02-07

K.KALYANASUNDARAM, M.JAICHANDREN

body2014
Order M. Jaichandren, J. 1. Heard the learned counsels appearing on behalf of the parties concerned. 2. The petitioners challenge the impugned locking, sealing and demolition notices, issued by the 2th respondent, dated 30.10.2013, 11.10.2013 and 30.10.2013. 3. So far as the petitioners, in W.P.No.3725 of 2014, are concerned, the impugned notice had been issued, in respect of the property, in old S.No.360/1B1 [part], present T.S.No.214/1, Block No.169 of Velachery Village, Chennai. So far as the petitioners, in W.P.No.3726 of 2014, are concerned, the impugned notice had been issued, in respect of the property, in old S.No.360/1B1 [part], present T.S.No.215/2, Block No.169 [as per TSLR Extract] of Velachery Village, Chennai. So far as the petitioners, in W.P.No.3727 of 2014, are concerned, the impugned notice had been issued, in respect of the property, in old S.No.360/1B1 [part], present T.S.Nos.214/2 and 215/1, Block No.169 of Velachery Village, Chennai. 4. The learned counsel appearing on behalf of the petitioners had submitted that the petitioners had filed Appeal Petitions, dated 21.1.2014, under Section 79 of the Tamil Nadu Town and Country Planning Act, 1971, as against the refusal letters, dated 31.12.2013, issued by the 2nd respondent, with regard to granting of the planning permission, for putting up constructions in the properties in question. 5. Even though the said Appeal Petitions, dated 21.1.2014, are pending before the 1st respondent, the 2nd respondent has issued the impugned notices, dated 30.10.2013, 11.10.2013 and 30.10.2013, under Sections 56 and 57 r/w. Section 85 of the Tamil Nadu Town and Country Planning Act, 1971, requiring locking and sealing and demolition of the construction, put up by the petitioners, in the properties in question. 6. The learned counsel appearing on behalf of the petitioners had submitted that it would suffice, if this Court is pleased to direct the 1st respondent to dispose of the Appeal Petitions, filed by the petitioners, on 21.1.2014, on merits and in accordance with law, within a specified time. He has also prayed that the respondents may be restrained from proceeding further, pursuant to the impugned notices, issued by the 2nd respondent, dated 30.10.2013, 11.10.2013 and 30.10.2013, till the disposal of the said Appeal Petitions. 7. The learned counsels appearing on behalf of the respondents have no objection for this Court passing such an order. He has also prayed that the respondents may be restrained from proceeding further, pursuant to the impugned notices, issued by the 2nd respondent, dated 30.10.2013, 11.10.2013 and 30.10.2013, till the disposal of the said Appeal Petitions. 7. The learned counsels appearing on behalf of the respondents have no objection for this Court passing such an order. In such circumstances, the 1st respondent is directed to dispose of the Appeal Petitions, filed by the petitioners, on 21.1.2014, on merits and in accordance with law, within a period of four weeks from the date of receipt of a copy of this order. However, it is made clear that the respondents shall not take any coercive steps against the petitioners, pursuant to the impugned notices, issued by the 2nd respondent, dated 30.10.2013, 11.10.2013 and 30.10.2013, till the Appeal Petitions, filed by the petitioners, dated 21.1.2014, are disposed of, as directed by this Court, by this order. The Writ Petitions are disposed of, with the above directions. No costs. Connected miscellaneous petitions are closed.