DR. L. AARTHI Vs. SECRETARY TO GOVERNMENT TAMIL NADU, HOUSING AND URBAN DEVELOPMENT DEPARTMENT AND OTHERS

JUDGEMENT

(1.) By consent, the writ petition is taken up for final disposal. Mr. A.N. Thambidurai, learned Special Government Pleader accepts notice on behalf of the respondents 1 and 3 and Mr. K. Raja Srinivas, learned Standing counsel accepts notice on behalf of the 2nd respondent.

(2.) The petitioner claims to be a resident of Flat No. 6, 2nd Floor, Vantage Castle Apartments, Old No. 11 and 12, New No. 17/3, 1st Cross Street, Kasturba Nagar, Adyar, Chennai 600 020 and she claims to be a qualified Medical Practitioner and so also her husband and apart from residing in the said Flat, she is also using the said Flat for running as a Consulting Room for Dermatology patients. It is further averred that at the instance of the adjacent owners, viz., Tvl. G. Vivekanandan, Tmt. Rajam Santhanam and Mr. V.S. Elumalai, WP. No. 29945/2017 came to be filed, pointing out the alleged unauthorised illegal conversion of the residential Flat owned by the petitioner herein and this Court, vide order dated 22.11.2017, directed the concerned respondent therein to cause inspection of the premises, after putting the petitioner herein as well as the above said complainants on notice and take action in accordance with law and in pursuant to the same, inspection was carried out and it was followed by Locking, Sealing and Demolition Notice dated 06.02.2018 issued by the 2nd respondent alleging unauthorised conversion. The petitioner, in this regard, has also submitted an application dated 04.03.2018, under section 113-C of the Town and Country Planning Act, 1971, and the grievance now expressed by the petitioner is that despite the pendency of the said application, the impugned notice dated 23.04.2018 for discontinuance of the usage, came to be issued by the 2nd respondent and therefore, the petitioner came forward to file the present writ petition, praying for appropriate direction to consider her application dated 04.03.2018, filed under section 113-C of the Town and Country Planning Act, 1971.

(3.) The learned counsel for the petitioner would submit that on account of the pendency of the said application, appropriate direction may be issued to the 1st respondent to consider and dispose of the same and till such time, further proceedings in terms of the notice of the 2nd respondent dated 23.04.2018, may be deferred.