S.A.JOY RAJA Vs. DISTRICT COLLECTOR, NAGERCOIL

JUDGEMENT

(1.) The second respondent/Municipal Corporation, in compliance of the order, dated 05.11.2019 passed in W.P(MD)No.16954 of 2019, has issued Form- I Notice in Na.Ka.No.1823/2019/F1. The petitioner, challenging the legality of the said notice issued under Section 85 read with Sections 56 and 57 of the Tamil Nadu Town and Country Planning Act, 1971, filed W.P(MD)No.6232 of 2020 and pending disposal of the same, filed W.M.P(MD)No.5443 of 2020 praying to stay all further proceedings. A Division Bench of this Court has entertained that writ petition and vide interim order dated 20.05.2020, has granted interim order of status quo and it is relevant to extract hereunder the same:

(2.) Mr.Isaac Mohanlal, learned Senior Counsel assisted by Mr.D.Sadiq Raja, learned Counsel appearing for the petitioner, has drawn the attention of this Court to the G.O.Ms.No.262, Revenue and Disaster Management (DM-II) Department, dated 31.05.2020 and G.O.Ms.No.263,Revenue and Disaster Management (DM-II) Department, dated 31.05.2020 and would submit that in the light of the lifting of lock down, the shops situated inside the said Complex have been opened except the cinema theatres and by deliberate misinterpretation of the above cited order of status quo, the second respondent passed the impugned order, dated 21.09.2020, informing that the said Shopping Complex be put under lock and seal from 29.09.2020 onwards.

(3.) Mr.K.P.Krishnadoss, learned Special Government Pleader accepts notice on behalf of the first respondent and Mr.P.Athimoolapandian, learned Standing Counsel accepts notice on behalf of the second respondent.