← Library
Madras High CourtWP/2203/2019dismissed

Sumathi v. The Commissioner

2019-01-29Honourable The Chief Justice,Honourable Mr Justice M.Duraiswamy3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 29.01.2019 CORAM :

The Hon'ble Mrs.V.K.TAHILRAMANI, CHIEF JUSTICE AND The Hon'ble Mr.JUSTICE M.DURAISWAMY W.P. No.2203 of 2019 Sumathi .. Petitioner -vs1.The Commissioner, Corporation of Chennai, Rippon Building, Chennai - 600 003.

2.The Assistant Engineer, Division - 179, Town Planning Section, Corporation of Chennai, Rippon Building, Chennai - 600 003.

3.The Assistant Executive Engineer, Unit - 39, Town Planning Section, Corporation of Chennai, Rippon Building, Chennai - 600 003.

4.The Executive Engineer, Zone - 13, Corporation of Chennai, No.115, Dr.Muthulakshmi Salai, Adyar, Chennai - 600 020.

5.The Superintending Engineer, Public Works Department, Chepauk, Chennai - 600 005.

.. Respondents

Petition filed under Article 226 of the Constitution of India praying for issue of Writ of Certiorari to call for the records of proceedings of respondents 2 to 4 relating to the impugned notice dated 11.12.2018 bearing Notice No.Dn 179/004/2018 and consequential impugned notice dated 18.01.2019 bearing Notice No.Dn 179/004/2018, quash the same.

For Petitioner : Mr.R.Bharath kumar for M/s.M.Vivekanandan For Respondents : Mr.V.C.Selvasekaran Standing Counsel for respondent Nos.1 to 4 Mr.S.Kamalesh Kannan Government Advocate for respondent No.5

ORDER

(Order of the Court was made by The Hon'ble Chief Justice) The petitioner has approached this Court being aggrieved by the notice dated 11.12.2018, which is locking and sealing notice in relation to the property situated at Door No.1, Vanchinathan Street, Velachery, Chennai-42. The petitioner is also aggrieved by the notice dated 18.01.2019, which is de-occupation notice in relation to the very same premises.

2. As against both notices, there is a remedy of preferring an appeal and there is also a provision for preferring an application for stay.

3. As the petitioner has efficacious alternate remedy, we are not inclined to interfere with the impugned orders.

4. The writ petition is dismissed. No costs. Consequently, W.M.P.No.2451 of 2019 is closed. Sd/- Assistant Registrar(CS) //True Copy// Sub Assistant Registrar bbr

To 1.The Commissioner, Corporation of Chennai, Rippon Building, Chennai - 600 003.

2.The Assistant Engineer, Division - 179, Town Planning Section, Corporation of Chennai, Rippon Building, Chennai - 600 003.

3.The Assistant Executive Engineer, Unit - 39, Town Planning Section, Corporation of Chennai, Rippon Building, Chennai - 600 003.

4.The Executive Engineer, Zone - 13, Corporation of Chennai, No.115, Dr.Muthulakshmi Salai, Adyar, Chennai - 600 020.

5.The Superintending Engineer, Public Works Department, Chepauk, Chennai - 600 005.

copy to The section officer, VR Section, High court Madras +2cc to M/s.M.Vivekanandan , Advocate SR.No. 7018 +1 CC TO GOVERNMENT PLEADER SR.NO. 7219 W.P.No.2203 of 2019 A.SK(20/02/2019)