Madras High Court
The R.C.Diocese Of Kottar vs The Member Secretary on 27 March, 2024
Author: D.Krishnakumar
Bench: D.Krishnakumar, R.Vijayakumar
W.P.(MD) No.9594 of 2018
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 27.03.2024
CORAM:
THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR
and
THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR
W.P.(MD) No.9594 of 2018
and
W.M.P.(MD) No.8864 of 2018
The R.C.Diocese of Kottar
through its Financial Administrator
Bishop's House, Asaripallam Road
Nagercoil, Kanyakumari District ... Petitioner
-vs-
The Member Secretary
Local Planning Authority
Nagercoil, Kanyakumari District ... Respondent
PRAYER: Petition filed under Article 226 of the Constitution of India, to issue
a writ of certiorari calling for the records relating to the impugned notice of the
respondent in his proceedings in Na.Ka.No.546/2013 NaUThiKu, dated
20.04.2018 and quash the same.
____________
Page 1 of 4
https://www.mhc.tn.gov.in/judis
W.P.(MD) No.9594 of 2018
For Petitioner : Mr.M.Sengu Vijay
For Respondent : Mr.T.Amjad Khan
Government Advocate
ORDER
[Order of the Court was made by D.KRISHNAKUMAR, J.] The notice dated 20.04.2018, issued by the respondent, under Sections 56(2A) and 57(4) of the Town and Country Planning Act, 1971, is under challenge in this writ petition.
2. Learned Government Advocate appearing for the respondent submits that as against the impugned notice, the petitioner is having efficacious alternative remedy of appeal under Section 80-A of the Town and Country Planning Act, 1971 before Appellate Authority.
3. When such efficacious alternative remedy of appeal is available, the petitioner has to exhaust the appeal remedy and therefore, the writ petition is liable to be dismissed.
____________ Page 2 of 4 https://www.mhc.tn.gov.in/judis W.P.(MD) No.9594 of 2018
4. Accordingly, this writ petition is dismissed with liberty to the petitioner to file an appeal before the Appellate Authority under Section 80-A of the Town and Country Planning Act, 1971, within a period of two weeks from the date of receipt of a copy of this order. In default, necessary action shall be taken for removal of the unauthorized construction in accordance with law forthwith. No costs. Consequently, connected miscellaneous petition is closed.
[D.K.K., J.] [R.V., J.]
27.03.2024
(1/2)
NCC : Yes / No
Index : Yes / No
Internet : Yes / No
krk
To:
The Member Secretary,
Local Planning Authority,
Nagercoil, Kanyakumari District.
____________ Page 3 of 4 https://www.mhc.tn.gov.in/judis W.P.(MD) No.9594 of 2018 D.KRISHNAKUMAR, J.
and R.VIJAYAKUMAR, J.
krk W.P.(MD) No.9594 of 2018 and W.M.P.(MD) No.8864 of 2018 27.03.2024 (1/2) ____________ Page 4 of 4 https://www.mhc.tn.gov.in/judis