Sharmila Devi v. Government of Tamil Nadu, rep. by Secretary, Housing and Urban Development Department
2017-03-23
HULUVADI G.RAMESH, RMT.TEEKAA RAMAN
body2017
DigiLaw.ai
ORDER : HULUVADI G.RAMESH, J. Mr. T.N. Rajagopalan, learned Special Government Pleader takes notice for the first respondent. Mr.K.Rajasrinivas, learned counsel takes notice for the second respondent. 2. Heard the learned counsel for the petitioner and the learned counsel for the respondents. 3. The petitioner has filed this writ petition seeking to quash the de-occupation notice dated 08.12.2016 issued by the second respondent and consequently direct the second respondent from taking any action including locking and sealing of the premises bearing Door No.17/5-A, Haddows Lane, Nungambakkam, Chennai-6. 4. It is the case of the petitioner that she is the owner of the property and after obtaining plan sanction, she had put up construction. However, she received notice through her tenant on 08.12.2016 alleging that there are violations in the approved plan. It is the further case of the petitioner that the violations alleged are minor and negligible and are to be condoned. On 20.2.2017, the petitioner sent a representation seeking to consider the same as application under Section 113C of the Tamil Nadu Town and Country Planning Act, 1971, which is still pending. 5. The learned counsel for the petitioner submitted that the infractions, if any, being minor and without any increase in the floor area. The same are liable to be condoned under Section 113-C of the Act. In this regard, the petitioner has sent a representation on 20.02.2017, which is pending consideration. 6. The learned counsel for the respondents submit that as against the impugned notice, only special revision would lie and without doing so, the petitioner has sent a representation on 20.02.2017. 7. Any order passed under Section 56 (2), sub-clause (iii) and 2(A) of the Act or otherwise when steps are being initiated against the petitioner for the alleged violations, the remedy is to file a special revision under Section 80-A of the Act. 8. Faced with the situation, the learned counsel for the petitioner seeks time to file a special revision petition within a period of fifteen days. 8.
8. Faced with the situation, the learned counsel for the petitioner seeks time to file a special revision petition within a period of fifteen days. 8. In view of the above said submission, we direct the petitioner to file special revision petition under Section 80-A of the Act before the first respondent within a period of fifteen days from today and thereafter, it is for the first respondent to consider the special revision petition and pass appropriate orders, on merits and in accordance with law, after affording an opportunity of hearing to the petitioner within a period of three months. Till then, no coercive steps shall be taken by the respondent authorities. 9. The writ petition is disposed of accordingly. No costs. Consequently, W.M.P.Nos.7646 & 7647 of 2017 are closed.