Leela Vijayan v. The Executive Engineer(Zone X)

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 24.06.2015

CORAM:

THE HON'BLE MR. JUSTICE SATISH K. AGNIHOTRI and THE HON'BLE MR. JUSTICE M.VENUGOPAL W.P. No.18064 of 2015 and M.P. No.1 of 2015 Leela Vijayan Petitioner Vs.

The Executive Engineer - Zone X Corporation of Chennai Shenoy Nagar Chennai 600 030 The Executive Engineer Enforcement - Region Central Corporation of Chennai Shenoy Nagar, Chennai 600 030 The Regional Deputy Commissioner - Central Corporation of Chennai Shenoy Nagar Chennai 600 030 The Member Secretary Chennai Metropolitan Development Authority Thalamuthu Natarajan Maligai No.1, Gandhi Irwin Road Egmore, Chennai 600 008 Respondents Writ Petition filed under Article 226 of the Constitution of India seeking a writ of certiorari calling for the records pertaining to the impugned order in Notice No.REGIONCENTRAL/TPENF/2631/2015 dated 08.06.2015 passed by the first respondent. For petitioner Mr. Manoj Sreevalsan For RR 1-3 Mr. A. Nagarajan, Standing Counsel For R4 Mr. C. Johnson, Standing Counsel

ORDER

(Order of the Court was made by SATISH K. AGNIHOTRI, J.) Mr. A. Nagarajan, learned Standing Counsel, accepts notice for respondents 1 to 3. Mr. C. Johnson, learned Standing Counsel, accepts notice for the fourth respondent. With the consent of the learned counsel for the parties, the writ petition is taken up for final disposal, at the admission stage itself. The instant writ petition impugns the de-occupation notice dated 08.06.2015 passed by the first respondent under Sections 56 and 57 read with Section 85 of the Tamil Nadu Town and Country Planning Act, 1971 (for short "the Act").

The case of the petitioner is that she has preferred an appeal under Section 113(A)(6) of the Act impugning the locking, sealing and demolition notice dated 29.05.2015 on 02.06.2015. Thereafter, the impugned de-occupation notice has been issued on 08.06.2015.

At this stage, no further adjudication is required in this petition by this Court. In view of the aforestated facts, the petitioner is at liberty to seek interim relief, if so advised, in the pending appeal.

The writ petition stands disposed of accordingly. Costs made easy. Connected Miscellaneous Petition is closed. Sd/- Assistant Registrar True Copy Sub Assistant Registrar To The Executive Engineer - Zone X Corporation of Chennai Shenoy Nagar Chennai 600 030 The Executive Engineer Enforcement - Region Central Corporation of Chennai Shenoy Nagar, Chennai 600 030 The Regional Deputy Commissioner - Central Corporation of Chennai Shenoy Nagar Chennai 600 030

The Member Secretary Chennai Metropolitan Development Authority Thalamuthu Natarajan Maligai No.1, Gandhi Irwin Road Egmore, Chennai 600 008 +1 cc to Mr.Manoj Sreevatsan, Advocate,SR.30799 +1 cc to Mr.C.Johnson, Advocate,SR.30964 +1 cc to Mr.A.Nagarajan, Advocate,SR.30822.

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