G.K.Mohamed Kabir v. The Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 30.11.2023

CORAM

THE HONOURABLE Mrs. JUSTICE J.NISHA BANU AND THE HONOURABLE Mrs.JUSTICE N.MALA W.P.No.13481 of 2022 and ` WMP.Nos.12664 and 12665 of 2022 G.K.Mohamed Kabir .... Petitioner vs.

1.The Commissioner, Greater Chennai Corporation, Chennai 600 003.

2.The Executive Engineer, Greater Chennai Corporation, Zone 5, Chennai 600 002.

3.The Assistant Executive Engineer, Greater Chennai Corporation, Unit 14, Chennai 600 002.

4.The Assistant Engineer, Greater Chennai Corporation, Division 063.

Chennai 600 002.

.... Respondents Page 1/4

Prayer:

Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorari to call for the records in Letter No.05/04100/2021 issued by the respondents 2 to 4 dated 01.09.2021 and to quash the same.

For Petitioner : Mr.M.Udaya Bhanu For Respondents : Mr.D.B.R.Prabu Standing Counsel

ORDER

This writ petition is filed seeking to quash the de-occupaton notice issued by respondents 2 and 4, dated 01.09.2021.

2. The learned counsel appearing for the petitioner submitted that during the pendency of this Writ Petition, the petitioner filed Revision Petition under Section 80 A of the Tamil Nadu Town and Country Planning Act, 1971. The Secretary of the Housing and Urban Development Department, by proceedings dated 05.11.2022, set aside the Locking, Sealing and Demolition notice and all other proceedings in respect of the building in question and directed the authorities to take further action in compliance with the rules notified in the Government Order in G.O.(Ms) No.195, Housing and Urban Development (UD4(1)) Department, dated 05.11.2022. Page 2/4

3. In view of the above submission that De-occupation notice itself has been set aside by the Secretary, Housing and Urban Development Department, the prayer sought for in the present writ petition has become infructuous. Accordingly, this Writ Petition is dismissed as infructuous. No costs. Consequently connected miscellaneous petitions are closed. (J.N.B., J.) (N.M., J.) 30.11.2023 sk Index : Yes / No Internet : Yes / No To 1.The Commissioner, Greater Chennai Corporation, Chennai 600 003.

2.The Executive Engineer, Greater Chennai Corporation, Zone 5, Chennai 600 002.

3.The Assistant Executive Engineer, Greater Chennai Corporation, Unit 14, Chennai 600 002.

4.The Assistant Engineer, Greater Chennai Corporation, Division 063.

Chennai 600 002.

Page 3/4

J. NISHA BANU, J.

and N.MALA, J.

sk 30.11.2023 Page 4/4