Azeez Khaleeli Muthawalli v. The Executive Enginer, Town

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 27.08.2015

CORAM:

THE HON'BLE MR.JUSTICE SATISH K. AGNIHOTRI AND THE HON'BLE MR.JUSTICE K.K.SASIDHARAN W.P. No.26705 of 2015 and M.P. Nos.1 to 3 of 2015 Azeez Khaleeli, Muthawalli M.A. Namazie Endowment Old No.28, New No.148 Angappa Naicken Street Chennai 600 001

...Petitioner

vs.

The Executive Engineer Office of the Corporation of Chennai The Assistant Executive Engineer / U - 24 Office of Corporation of Chennai The Assistant Engineer III Office of Corporation of Chennai Shenoy Nagar,Chennai 600 030. ...Respondents Writ Petition filed under Article 226 of the Constitution of India seeking a writ of certiorari, calling for the records of the respondents culminating in the impugned notice issued by respondents 1 to 3 dated 28.07.2015 bearing reference Notice No.REGIONCENTRAL / TPENF / 0716 / 2015, quash the same.

For petitioner Mr. M. Sundar for Mr. K. Ashok Kumar For respondents Ms. Karthikaa Ashok Standing Counsel

ORDER

(made by SATISH K. AGNIHOTRI, J.) Mrs. Karthikaa Ashok, learned Standing Counsel, accepts notice for the respondents. 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 challenge in this writ petition is to the de-occupation notice dated the 28th ultimo issued by the respondents under Sections 56 and 57 read with Section 85 of the Tamil Nadu Town and Country Planning Act, 1971 (for short "the Act").

Concededly, the impugned order is appealable before the Government under Section 80-A of the Act. In such view of the matter, we are afraid that we are not inclined to entertain this writ petition, at this stage. However, we reserve liberty to the petitioner to the petitioner to prefer an appeal challenging the impugned order, within a period of two weeks from today, if so advised. It is made clear that for a period of two weeks from today, status quo as obtained today, in respect of the property in question, shall be maintained by both the parties.

The writ petition stands disposed of with the above observations. Costs made easy. Connected Miscellaneous Petitions are closed.

Sd/- Assistant Registrar(CS-III) True Copy Sub Assistant Registrar cad To The Executive Engineer Office of the Corporation of Chennai

The Assistant Executive Engineer / U - 24 Office of Corporation of Chennai The Assistant Engineer III Office of Corporation of Chennai Shenoy Nagar,Chennai 600 030.

1 cc to Mr. K. Ashok Kumar, Advocate Sr.No.45900 1 cc to Ms. Karthikaa Ashok, Advocate Sr.No.45933 W.P. No.26705 of 2015 pmk.28.8.2015