W.P.No.10607 of 2024 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 17.04.2024 CORAM : THE HONOURABLE MR. JUSTICE S.S. SUNDAR AND THE HONOURABLE MR. JUSTICE N. SENTHILKUMAR W.P.No.10607 of 2024 and W.M.P.No.11672 of 2024 N.S.Raveendran ... Petitioner Vs. 1.State of Tamil Nadu, represented by its Chief Secretary, (Housing and Urban Development Department) Fort St. George, Chennai – 600 009. 2.Chennai Metropolitan Development Authority, represented by its Member Secretary, Thalamuthu Natarajan Maaligai, No.1, Gandhi Irwin Road, Egmore, Chennai – 600 008. 3.CMDA Enforcement Cell, South-I, O/o. Chennai Metropolitan Development Authority, Thalamuthu Natarajan Maaligai, No.1, Gandhi Irwin Road, Egmore, Chennai – 600 008. Page 1 https://www.mhc.tn.gov.in/judis W.P.No.10607 of 2024 4.The Commissioner/Additional Chief Secretary, Greater Chennai Corporation, Ripon Building, Chennai – 600 003. 5.Ashwin Varma ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus to direct the 1st respondent herein to dispose of the Statutory Appeal preferred by the petitioner before the 1st respondent under Section 80-A of the Tamil Nadu Town and Country Planning Act, 1971, appeal No.Nil, dated 25.09.2023, which is bearing Ref. File No.B2/28431/2000 seeking for regularisation of the offending constructions effected by the Builder and Promoter in respect of the petitioner's flat situate at No.G-A, Ramaniyam Swarnamikhi, No.39, Arundale Beach Road, Kalashetra Colony, Besant Nagar, Chennai – 600 090. For Petitioner : Mr.R.Thiyagarajan For R1 : Mr.R.Vigneshwaran Government Advocate For R2 and R3 : Mr.R.Sivakumar Standing Counsel For R4 : Mr.D.B.R.Prabhu Standing Counsel Page 2 https://www.mhc.tn.gov.in/judis W.P.No.10607 of 2024 O R D E R (Order of the Court was made by S.S. SUNDAR, J.) This writ petition is filed for issuance of a Writ of Mandamus to direct the 1st respondent herein to dispose of the Statutory Appeal preferred by the petitioner before the 1st respondent, under Section 80-A of the Tamil Nadu Town and Country Planning Act, 1971, in respect of the petitioner's flat situate at No.G-A, Ramaniyam Swarnamikhi, No.39, Arundale Beach Road, Kalashetra Colony, Besant Nagar, Chennai – 600 090. 2.The petitioner purchased a flat on 06.10.2022 for a huge consideration. It is the case of the petitioner that the property purchased by him is 20 years old and the same is assessed to Tax by the local body and the flat owners are also enjoying other amenities and facilities provided by the Local Body. It appears that a writ petition was filed in W.P.No.23700 of 2023 to take action against the flat owners for statutory violation and for illegal activities committed, pursuant to an incident for which an FIR was registered in Crime No.252 of 2023 under Sections 294(b), 427, 506(1) IPC. Page 3 https://www.mhc.tn.gov.in/judis W.P.No.10607 of 2024 It is the case of the petitioner that the Promoter had already filed an application for regularisation of certain deviations. It is in the said connection, a revision petition is also pending before the Government in terms of Section 80-A of the Tamil Nadu Town and Country Planning Act, 1971, along with revised plan and other documents for considering the application under Section 113-C of the Act. The petitioner also seems to have filed an application for retention of building. The grievance of the petitioner is that the respondents is likely to take coercive action during pendency of the statutory revision, as well as the application stated to have been filed by the petitioner under Section 113-C of the Act, apart from the application for retention of building. 3.Having regard to the stated facts and the submission of the learned Standing Counsel who takes notice for the respondents 2 and 3 that a statutory revision is pending before the 1st respondent/Government, this Court is inclined to dispose of this writ petition with the following directions : i. The 1st respondent/Government is directed to consider and dispose of Page 4 https://www.mhc.tn.gov.in/judis W.P.No.10607 of 2024 the Statutory revision stated to have been filed by the petitioner before the 1st respondent under Section 80-A of the Tamil Nadu Town and Country Planning Act, 1971, on merits and in accordance with law, and after hearing the 5th respondent herein, within a period of 16 weeks from the date of receipt of a copy of this order, and communicate the decision to the petitioner. ii. ii. Till such time the 1st respondent disposes of the revision and passes orders on merits, the respondents are directed to maintain status quo and no coercive action needs to be taken pursuant to the order which is subject matter of challenge in the statutory revision petition. 4.With the above directions, this writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed. (S.S.S.R., J.) (N.S., J.) 17.04.2024 mkn Internet : Yes Index : Yes / No Neutral Citation : Yes / No Page 5 https://www.mhc.tn.gov.in/judis W.P.No.10607 of 2024 To 1.The Chief Secretary, State of Tamil Nadu, Housing and Urban Development Department, Fort St. George, Chennai – 600 009. 2.The Member Secretary, Chennai Metropolitan Development Authority, Thalamuthu Natarajan Maaligai, No.1, Gandhi Irwin Road, Egmore, Chennai – 600 008. 3.CMDA Enforcement Cell, South-I, O/o. Chennai Metropolitan Development Authority, Thalamuthu Natarajan Maaligai, No.1, Gandhi Irwin Road, Egmore, Chennai – 600 008. 4.The Commissioner/Additional Chief Secretary, Greater Chennai Corporation, Ripon Building, Chennai – 600 003. Page 6 https://www.mhc.tn.gov.in/judis W.P.No.10607 of 2024 S.S. SUNDAR , J. and N. SENTHILKUMAR, J. mkn W.P.No.10607 of 2024 17.04.2024 Page 7 https://www.mhc.tn.gov.in/judis