L. R. Raja v. State of Tamil Nadu, Rep. By The Secretary To Government, Housing & Urban Development Department, Fort St. George, Chennai
2015-02-09
M.VENUGOPAL, SATISH K.AGNIHOTRI
body2015
DigiLaw.ai
Judgment Satish K. Agnihotri, J. 1. Mr. P.S. Sivashanmugasundaram, learned Special Government Pleader, takes notice for the first respondent and Mr. N. Sampath, learned Standing Counsel, takes notice for the second respondent. 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 an order dated 26.12.2014 against the petitioner under Section 54 of the Tamil Nadu Town and Country Planning Act, 1971 (for short “the Act”), whereby and whereunder, the planning permission sought by the petitioner, has been refused. 3. From a perusal of the records, it is seen that the petitioner has already filed an appeal before the first respondent on 30.01.2015 against the aforesaid refusal order dated 26.12.2014, 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 79(5) 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 at the earliest, preferably, within a period of two weeks, to avoid further complications. 5. Accordingly, we direct the first 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. 6. With the above directions, the writ petition is disposed of. No costs.