Dr.Geetha Devadas, v. Ms.Kasturi,

W.M.P.No.5820 of 2024 in W.P.No.3215 of 2024 S.S.SUNDAR , J.

and N.SENTHILKUMAR, J.

(Order of the Court was made by S.S.SUNDAR, J.) This petition is filed to modify the order dated 12.02.2024 passed in the writ petition. The grievance of the petitioner is that she is the fifth respondent in the writ petition and that the writ petition was disposed of without notice to the petitioner herein.

2. The writ petitioner has put up construction against which the official respondents have initiated action. As against the de-occupation notice dated 01.02.2024, the writ petitioner has filed a statutory revision before the State Government under Section 80-A of the Tamil Nadu Town and Country Planning Act. Therefore, this Court, without going into the merits of the contentions, directed the State Government to dispose of the revision petition pending before Government to restrain the official respondents from taking any coercive action to pull down the structure.

3. Having regard to the nature of order passed in the writ petition, this Court finds no merits in the present petition to recall that order, as no prejudice has been caused to the petitioner. It is also open to the petitioner Page No.1/3

to implead herself as a party before the revisional authority, if she wants. As regards the contention that the writ petitioner is now proceeding with the unauthorized construction without any planning permission being obtained, this may give cause of action to file an independent writ petition. Hence, this Court is not inclined to entertain the present petition for want of merits. Accordingly, this petition stands dismissed.

(S.S.S.R.,J.) (N.S.,J.) 19.03.2024 ss Page No.2/3

S.S.SUNDAR, J.

AND N.SENTHILKUMAR, J.

ss W.M.P.No.5820 of 2024 in W.P.No.3215 of 2024 19.03.2024 Page No.3/3