N. BAVA Vs. CORPORATION OF CHENNAI

JUDGEMENT

(1.) HEARD the learned counsels appearing on behalf of the parties concerned.

(2.) THIS Writ Petition has been filed praying that this Court may be pleased to issue a Writ of Certiorarified Mandamus, calling for the records of the 2nd respondent's locking and sealing and demolition notice, dated 2.1.2014, under letter reference No.AE/DIV.136/53/ 2013, issued under the provisions of the Tamil Nadu Town and Country Planning Act, in respect of the petitioner's construction put up at western side corner of the ground floor portion, at No.34, Janpriya Center, Sir Theyagaraya Road, Pondy Bazaar, T.Nagar, Chennai, quash the same and consequently forbear the respondents from interfering with the petitioner's physical possession of the property, by initiating punitive action of locking, sealing and demolishing the property in question.

(3.) IT is has been further contended that the petitioner had submitted a reply to the respondents, on 1.2.2014, stating that he is the lawful tenant and that he had obtained an order of interim injunction, in I.A.No.10320 of 2008, in O.S.No.4498 of 2008, before the VIII Assistant Judge, City Civil Court, Chennai. However, the respondents have not considered the said reply given by the petitioner, on 1.2.2014, and no orders have been passed on the reply submitted by the petitioner, till date. In such circumstances, the impugned notice issued by the 2nd respondent, ought to be set aside.