Terapanth Educational and Medical Trust, Rep. by its Secretary, Chennai v. Commissioner, Corporation of Chennai, Ripon Building, Chennai
2015-02-05
M.VENUGOPAL, SATISH K.AGNIHOTRI
body2015
DigiLaw.ai
JUDGMENT SATISH K. AGNIHOTRI, J. 1. With the consent of the learned counsel for the parties, the writ petition is taken up for final disposal at the admission stage itself. 2. The second respondent has issued a notice dated 22.12.2014 against the petitioner under Section 56(2)(iii) and (2-A) of the Tamil Nadu Town and Country Planning Act, 1971 (for short the Act), whereby and whereunder, the petitioner has been asked to discontinue the occupation of the premises in question, enabling the Corporation to carry out locking, sealing and demolition of the said building. 3. From a perusal of the records, it is seen that the petitioner has already filed an appeal before the third respondent on 10.01.2015 against the aforesaid notice dated 22.12.2014, which is pending consideration. It is further seen that along with the said appeal, the petitioner has also preferred an application for interim stay in view of the provisions of Section 80-A(3) of the Act. 4. Therefore, without going into the merits of the case, we are of the considered view that if an appeal is filed along with the application for interim relief, the officers are well advised to consider the application for interim relief to avoid further complications at the earliest, preferably within a period of two weeks. 5. Accordingly, we direct the third respondent to consider the petitioner's application for interim relief as early as possible, preferably, within a period of two weeks from today and also to consider the petitioner's appeal within the statutory period prescribed under the provisions of law, on its own merits and in accordance with law. There shall be an order of status quo as obtained today, for a period of two weeks. 6. With the above directions, the writ petition is disposed of. No costs. Connected Miscellaneous Petition is closed.