W.P.No.19407 of 2023

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.07.2023

CORAM

THE HON'BLE MRS. JUSTICE J.NISHA BANU

AND

THE HON'BLE MRS. JUSTICE N.MALA

W.P.No.19407 of 2023

and W.M.P.No.18681 of 2023

K.Subramani

... Petitioner

Vs.

1.The Additional Secretary (Technical)

Housing and Urban Development Department,

Secretariat, Fort St. George,

Chennai-600 009.

2.The Zonal officer,

Zone No-14, Greater Chennai Corporation,

No.6/64, Puzhuthiwakkam Main Road,

Chennai-600 091.

3.The Executive Engineer,

Zone No-14, Greater Chennai Corporation,

No.6/64, Puzhuthiwakkam Main Road,

Chennai-600 091.

4.The Assistant Executive Engineer,

UNIT-41, Zone-14, No.6/64,

Puzhuthiwakkam Main Road,

Chennai-600 091.

5.The Assistant Engineer,

Division- 181, Unit-14, Zone-14,

No.6/64, Puzhuthiwakkam Main Road,

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W.P.No.19407 of 2023

Chennai-600 091.

6.Navaneetham

7.K.Arulvel

8.Vadivel

...Respondents

PRAYER: Writ Petition filed under Article 226 of Constitution of India, to

issue a Writ of Certiorari to call for the records pertaining to the office of the

respondents no.3 to 5 vide the Letter No.14/100A/2023 dated 10.06.2023 and

quash the same.

For Petitioner

: Mr.M.Guruprasad

For R-1

: Mr.E.Vijay Anand,

Additional Government Pleader

For RR 2 to 5

: Mr.D.B.R.Prabhu

Senior Counsel

For R-6

: No appearance

For R-7

: Mr.G.Jayachandran

O R D E R

Writ Petition is filed for a Writ of Certiorari to call for the records

pertaining to the office of the respondents 3 to 5 vide the letter dated

10.06.2023 and to quash the same.

2. According to the petitioner, the respondents 6 and 7 are the owners of

the vacant land in Survey Numbers 85 and 169 (New Survey Number 271/11),

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W.P.No.19407 of 2023

measuring to an extent of 6000 Sq.ft, Kottivakkam village, Tambaram Taluk,

kancheepuram District. The petitioner entered into a lease agreement with the

respondents 6 and 7 for a period of 11 months and took possession of the

property from the date of lease. According to the petitioner the lease was

initially renewed for a period of 11 months and thereafter renewed orally. The

petitioner was in peaceful possession and enjoyment of the premises as a

lessee.

3. According to the petitioner, he had invested substantial money for

developing his business, which he had conducted in the aforesaid property in

the name and style of 'Dream Works”. Because of some misunderstanding

between the petitioner and the 6^th and 7^th respondent, the 8^th respondent lodged

a complaint at the instigation of the 7^th respondent on 08.09.2022 against the

petitioner for alleged unauthorised construction put up by him in the subject

property. Based on the said complaint, the respondents 2 to 4 issued a notice to

the petitioner on 22.12.2022 under Sections 56(2(A)) and 57 read with Section

85 of the Tamil Nadu Town and Country Planning Act, 1971 and locked and

sealed the building on 05.01.2023. Prior to the aforesaid action, the respondents

2 to 4 had already sent notices under Section 56(1) and 57 of the Act i.e on

08.10.2022 and a notice for lock and seal was issued on 09.11.2022 and on

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W.P.No.19407 of 2023

05.12.2022 a de-occupation notice was issued under Section 57 read with 85 of

the said Act.

4. According to the petitioner, none of the said notices were issued to

him as an occupier but all notices were served to the 7^th respondent and

therefore he was not aware of the same. The petitioner aggrieved by the order

dated 22.12.2022 issued under Section 56(2(A)) and 57 read with Section 85 of

the Tamil Nadu Town and Country Planning Act, filed special revision petition

on 23.01.2023 before the Housing and Urban Development Department,

Secretariat, Chennai. During the pendency of the said special revision petition

the petitioner filed a writ petition in W.P.No.3502 of 2023 for a direction to the

1^st res