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2023 Supreme(Online)(MAD) 32021
MADRAS HIGH COURT
Honourable Mrs Justice R. HEMALATHA
B.Saravanan – Appellant
Versus
The Government – Respondent
WP/12358/2022
The Court has the power to grant a stay of eviction pending the outcome of a revision petition challenging an order of the Joint Commissioner, HR and CE Department, and to direct the Municipality to inspect a property and remove any unauthorized construction, including a toilet near a Mutt.
Headnote:
HR & CE ACT - SECTION 78 - UNAUTHORIZED CONSTRUCTION - EVICTION - STAY - REVISION PETITION - TOILET CONSTRUCTION NEAR MUTT - REMOVAL - MUNICIPALITY - DUTY TO INSPECT AND TAKE ACTION - DIRECTIONS ISSUED.
Fact of the Case:
The petitioners, who were occupants of a property belonging to Arulmigu Gurunamashivaya Moorthi Mutt, challenged the lock and seal notices issued by the HR and CE Department under Sections 56 & 57 of the Tamil Nadu Town and Country Planning Act, 1971, for the removal of unauthorized constructions. The petitioners contended that they had not given any undertaking to the Municipality to vacate the premises, while the 10th respondent, a Trustee of the Mutt, alleged that the petitioners had constructed a toilet near the Mutt without permission. The Municipality stated that it would inspect the property and take appropriate action if any unauthorized construction was found.
Finding of the Court:
The Court noted that the petitioners had filed a revision petition before the Commissioner, HR and CE Department, challenging the order of the Joint Commissioner dated 25.11.2022, which had fixed the date for eviction on 07.01.2023. The Court also noted the submissions of the 10th respondent regarding the construction of a toilet near the Mutt and the Municipality's undertaking to inspect the property and take appropriate action.
Issues: 1. Whether the petitioners should be granted a stay of eviction pending the outcome of their revision petition?2. Whether the Municipality should be directed to inspect the property and remove any unauthorized construction, including the toilet near the Mutt?
Ratio Decidendi: The Court held that the petitioners should be given time to pursue their revision petition and that the Joint Commissioner, HR & CE Department, should not take any action against them till 30.01.2023. The Court also directed the Municipality to inspect the property within one week and take appropriate action if any toilet was constructed unauthorizedly near the Mutt without permission.
Final Decision: The Court dismissed the writ petitions but directed the petitioners not to create any law and order problem while evicting the premises. The Court also directed the Municipality to inspect the property and take appropriate action if any unauthorized construction was found.
W.P.Nos.12358, 12625 and 12707 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 11.01.2023
CORAM:
THE HONOURABLE MS.JUSTICE V.M.VELUMANI
and
THE HONOURABLE MRS. JUSTICE R.HEMALATHA
W.P.Nos.12358, 12625 and 12707 of 2022
and W.M.P.Nos.11796, 11797, 12073 to 2075,
12166 to 12168 of 2022
W.P.No.12358 of 2022
B.Saravanan
.. Petitioner
Vs.
1.The Government of Tamil Nadu
Represented by its Secretary
Hindu Religious and Charitable
Endowments
Fort St. George
Secretariat, Chennai-600 003.
2.The Commissioner
Hindu Religious and Charitable
Endowments Department
119, Nungambakkam
Chennai-600 034.
3.The District Collector
Cuddalore District
Cuddalore.
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W.P.Nos.12358, 12625 and 12707 of 2022
4.The Joint Commissioner
Hindu Religious and Charitable
Endowments Department
Cuddalore.
5.The Commissioner
Chidambaram Municipality
Chidambaram
Cuddalore District.
6.The Assistant Commissioner
Hindu Religious and Charitable
Endowments Department
Cuddalore.
7.The Fit Person
Arulmigu Gurunamashivaya Moorthi Mutt
Chidambaram – 608 001
Cuddalore District.
8.The Tahsildar
Chidambaram Taluk
Chidambaram
Cuddalore District.
9.The Inspector of Police
Chidambaram Town Police Station
Cuddalore District.
10.V.Pasavaraj
11.V.Vanchinathan
12.A.Radhakrishnan
.. Respondents
Prayer in W.P.No.12358 of 2022: Writ Petition is filed under Article 226
of the Constitution of India, praying for issuance of a Writ of
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W.P.Nos.12358, 12625 and 12707 of 2022
Certiorarified Mandamus to call for records relating to the 2nd
respondent's lock and seal notice in Na.Ka.No.122/2017/F1 dated
31.03.2022, quash the same and consequently, direct the 5th respondent to
consider the planning application No.0280 dated 26.04.2022 in
accordance with law.
1.G. Sekar
2.T. Shankar
3.Meenakshi
4.Pratheeba
5.R. Gnanavel
6.Sumathi
7.V.Parasuraman
8.D.Narayanan
9.R. Settu
10.T. Settu
11.Manjula
12.R.Vasanthan
... Petitioners in
W.P.No.12625 of 2022
1.S.Palanisamy
2.M.Ganesan
3.M.Krishnan
4.A.Mala
5.Amutha
6.Shakila
.. Petitioners in
W.P.No.12707 of 2022
-vs-
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W.P.Nos.12358, 12625 and 12707 of 2022
1.The District Collector,
Cuddalore,
Cuddalore District.
2.The Superintendent of police,
Cuddalore,
Cuddalore District.
3.The Municipal Commissioner,
Chidambaram Municipalty,
Chidambaram,
Cuddalore District.
4.The Thasildar,
Chidambaram Taluk,
Cuddalore District.
5.The Inspector of Police,
Chidambaram Town Police station,
Cuddalore District.
6.The Joint Commissioner,
Hindu Religious and Charitable Endowments Department,
Cuddalore.
7.The Assistant Commissioner,
Hindu Religious and Charitable Endowments Department,
Cuddalore.
8. V. Pasavaraj
9. V. Vanchinathan
10. A. Radhakrishnan
.. Respondents in
both W.P.Nos.12625 & 12707 of 2022
Common Prayer in both W.P.Nos.12625 & 12707 of 2022: Writ
Petitions are filed under Article 226 of the Constitution of India, praying
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W.P.Nos.12358, 12625 and 12707 of 2022
for issuance of a Writ of Certiorari to call for the records of the impugned
order passed by the 3rd
respondent in his proceeding
Na.Ka.No.122/2017/F1 dated 31.03.2022, addressed to all the petitioners
and quash the same.
In W.P.No.12358 of 2022
For petitioner
: Mr.R.Sagadevan
For RR1, 2, 4 & 6 : Mr.N.R.R.Arun Natarajan
Special Government Pleader (HR&CE)
For RR3, 8 & 9
: Mr.A.Selvendran
Special Govt. Pleader
For R5
: Mr.V.Jayaprakash Narayanan
For R10
: Mr.V.Lakshmi Narayanan
For R11
: Mr.T.Saravanan
In W.P.Nos.12625 & 12707 of 2022
For petitioners
: Mr. K.Raja
for Mr.N.Kolandaivelu
For RR1,2,4 & 5
: Mr.A.Selvendran
Special Govt. Pleader
For R3
: Mr.V.Jayaprakash Narayanan
For RR6 and 7
: Mr. N. R. R. Arun Natarajan
Special Govt. Pleader (HR & CE)
For R8
: Mr.V. Lakshmi Narayanan
For R
