Raja Saravanan v. The Corporation Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18-02-2025

CORAM

THE HONOURABLE MR JUSTICE J.SATHYA NARAYANA PRASAD WP No. 4211 of 2025 & WMP No.4700 of 2025 Raja Saravanan (franchisor / Proprietor: Hungry Panda) S/o. Rathna Prakash, No.12, Corporation Complex, 4th Cross Street, Lake Area, Nungambakkam, Chennai- 34.

Petitioner(s) Vs 1.The Corporation Commissioner Greater Chennai Corporation, Ripon Building, Poonamallee High Road, Chennai- 600 003.

2. The District Revenue Officer, Corporation Zonal Officer, Zone-9, Lake View, Nungambakkam, Chennai- 34.

3. The Commissioner Of Police Greater Chennai Police, No.132, Commissioner Office Building, Evk Sampath Road, Vepery, Chennai -07.

4. The Revenue Officer Greater Chennai Corporation, Ripon Building, Chennai-03.

5. The Assistant Revenue Officer Zone- 9, Chennai Corporation, No.8, Lake Area 1st Street, Nungambakkam, Chennai- 34.

6. The Inspector Of Police F-3 Nungambakkam Police, Chennai.

Respondent(s) 1/5

PRAYER : Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Certiorari, to call for the records on the file of the 4th respondent in his proceedings nil. dated 28.01.2025 and quash the same.

For Petitioner(s):

Mr.M.Elumalai for Mr.E.Balamurugan For Respondent(s):

Mr. A.C.Mani Bharathi, St.counsel for RR1,2,4 & 5 Mr.R.Kishore Kumar, GA for RR3 & 6

ORDER

This Writ Petition has been filed seeking for issuance of a Certiorari, to call for the records on the file of the 4th respondent in his proceedings nil. dated 28.01.2025 and quash the same.

2.Heard the learned counsel on either side.

3.Today, when the matter is taken up for hearing, the learned 2/5

Standing counsel appearing for the respondents 1, 2, 4 & 5 has submitted that the notice has been issued under the Old Act i.e., the Chennai City Municipal Corporation Act IV of 1919 whereas, subsequently, the Tamilnadu Urban Local Bodies Rules, 2023 has come into effect in the year 2023. He further submits that since the notice dated 28.01.2025 is issued by following the Old Act, the same is liable to be set aside. 4.In view of the above submission, this Writ Petition is disposed of and the impugned notice dated 28.01.2025 is set aside and the respondents 1 & 2 are granted liberty to proceed afresh as per the provisions of the Tamilnadu Urban Local Bodies Rules, 2023.

No costs.

Consequently connected miscellaneous petition is closed. 18.02.2025 Index : Yes/No Speaking order:Yes/No dn 3/5

To 1.The Corporation Commissioner Greater Chennai Corporation, Ripon Building, Poonamallee High Road, Chennai- 600 003.

2. The District Revenue Officer, Corporation Zonal Officer, Zone-9, Lake View, Nungambakkam, Chennai- 34.

3. The Commissioner Of Police Greater Chennai Police, No.132, Commissioner Office Building, Evk Sampath Road, Vepery, Chennai -07.

4. The Revenue Officer Greater Chennai Corporation, Ripon Building, Chennai-03.

5. The Assistant Revenue Officer Zone- 9, Chennai Corporation, No.8, Lake Area 1st Street, Nungambakkam, Chennai- 34.

6. The Inspector of Police F-3 Nungambakkam Police, Chennai.

4/5

J.SATHYA NARAYANA PRASAD.

, J dn 18.02.2025 5/5