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[Cites 3, Cited by 0]

Madras High Court

D.Kathirvel vs The Junior Engineer on 18 November, 2019

Author: M.M.Sundresh

Bench: M.M.Sundresh

                                                                                   W.P.No.32043 of 2019


                                    IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                 DATED : 18.11.2019

                                                      CORAM:
                                      THE HON’BLE MR. JUSTICE M.M.SUNDRESH
                                                        and
                                    THE HON’BLE MR. JUSTICE RMT. TEEKAA RAMAN

                                                W.P.No.32043 of 2019
                   D.Kathirvel                                                          ... Petitioner

                                                           vs.

                   1.     The Junior Engineer,
                          Division - 067,
                          Unit - 15, Zone - IV,
                          Greater Chennai Corporation,
                          Zonal Office,
                          No.45/107, SRP Koil Street,
                          Agaram, Chennai 600 082.

                   2.     The Executive Engineer,
                          Division - 067,
                          Unit - 15, Zone - IX,
                          Greater Chennai Corporation,
                          Zonal Office,
                          No.45/107, SRP Koil Street,
                          Agaram, Chennai 600 082.

                   3.     The Assistant Executive Engineer,
                          Division - 067,
                          Unit - 15, Zone - IX,
                          Greater Chennai Corporation,
                          Zonal Office,
                          No.45/107, SRP Koil Street,
                          Agaram, Chennai 600 082.                                   ... Respondents

                         Writ Petition filed under Article 226 of the Constitution of India seeking to
                   issue a writ of Certiorari, calling for the records of the Respondents concerned in
                   their notice issued under Section 57 read with Section 85 of the Town and Country

                   Page No.1 of 4

http://www.judis.nic.in
                                                                                      W.P.No.32043 of 2019


                   Planning Act, 1971, as amended by Act 61 of 2008, Letter No.06/00239/2019,
                   dated 30.10.2019, quash the same.


                           For Petitioner             :      Mr.K.Kannan
                           For Respondents            :      Dr.C.Ravichandran

                                                          ORDER

(Order of the Court made by M.M.SUNDRESH,J.) What has been challenged in this Writ Petition, is the order passed under Section 57 of the Tamil Nadu Town and Country Planning Act, 1971, which is admittedly appealable under Section 80-A of the Act.

2. In such view of the matter, we are not inclined to entertain the Writ Petition, more so, when disputed questions of law are involved.

3. This Writ Petition is disposed of with liberty to the Petitioner to file an Appeal, as stated above, before the Appellate Authority within a period of four weeks from the date of receipt of a copy of this order. There shall be an order of status quo till then. No costs. Consequently, connected W.M.P.No.32297 of 2019 is closed.

(M.M.S.,J.) (T.K.R.,J) 18.11.2019 Index : Yes/No (aeb) Page No.2 of 4 http://www.judis.nic.in W.P.No.32043 of 2019 To:

1. The Junior Engineer, Division - 067, Unit - 15, Zone - IV, Greater Chennai Corporation, Zonal Office, No.45/107, SRP Koil Street, Agaram, Chennai 600 082.
2. The Executive Engineer, Division - 067, Unit - 15, Zone - IX, Greater Chennai Corporation, Zonal Office, No.45/107, SRP Koil Street, Agaram, Chennai 600 082.
3. The Assistant Executive Engineer, Division - 067, Unit - 15, Zone - IX, Greater Chennai Corporation, Zonal Office, No.45/107, SRP Koil Street, Agaram, Chennai 600 082.
Page No.3 of 4

http://www.judis.nic.in W.P.No.32043 of 2019 M.M.SUNDRESH, J.

and RMT. TEEKAA RAMAN, J.

(aeb) Order in W.P.No.32043 of 2019 Dated: 18.11.2019 Page No.4 of 4 http://www.judis.nic.in