Shageera Banu, v. The Commissioner,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 30.11.2018 CORAM :
THE HON'BLE MRS.V.K.TAHILRAMANI, CHIEF JUSTICE AND The HON'BLE MR.JUSTICE M.DURAISWAMY W.P. No.23571 of 2018 and W.M.P.Nos.27523 & 27524 of 2018 Shageera Banu .. Petitioner v.
1 The Commissioner Greater Chennai Corporation Ripon Buildings Chennai 3 2 The Assistant Executive Engineer Greater Chennai Corporation - Zone-IX No.1, Lake Area 4th Cross Street Nungambakkam Chennai - 600 034 3 The Executive Engineer Greater Chennai Corporation - Zone IX No.1, Lake Area 4th Cross Street Nungambakkam Chennai - 600 034 4 M/s.South Indian Photographic and Allied Traders Association
New No. 368, Old No.640 Thousands Lights Anna Salai Chennai - 600 006 .. Respondents Writ Petition filed under Article 226 of the Constitution of India praying for issue of Writ of Certiorarified Mandamus, to call for the entire records of the respondents 1 to 3 in their proceedings Notice No. Zone IX DN 111 / TPENF / 009/2018, dated 18.7.2018, to quash the same and consequently forbearing the respondents from in any manner proceedings with the impugned notice.
For Petitioner : Ms.P.Bagyalakshmi For Respondents : Mr.A.Nagarajan Standing Counsel - for R1 to R3
O R D E R
(Order of the Court made by M.DURAISWAMY,J.) The above Writ Petition has been filed by the petitioner to issue a Writ of Certiorarified Mandamus, to call for the records of the respondents 1 to 3 in their proceedings dated 18.07.2018, to quash the same and consequently forbearing the respondents from in any manner proceedings with the impugned notice.
2. The 3rd respondent has issued a Locking & Sealing and Demolition Notice dated 18.07.2018, which is challenged by the tenant of the premises in this Writ Petition.
3. The learned counsel appearing for the petitioner submitted that the 3rd respondent has not issued any notice to the petitioner and therefore, on that ground the petitioner-tenant is challenging the Locking & Sealing and Demolition Notice dated 18.07.2018.
4. The 3rd respondent filed their counter wherein he has specifically stated that notice dated 14.09.2018 under section 56 and 57 read with section 85 of the Tamil Nadu Town and Country Planning Act, 1971, has been issued to the 4th respondent as well as to the Writ Petitioner, who is the tenant under the 4th respondent.
5. Since the petitioner has been issued with the notice dated 14.09.2018, under section 56 and 57 read with section 85 of the Tamil Nadu Town and Country Planning Act, we are not inclined to entertain the Writ Petition. Accordingly, the Writ petition is dismissed. However, it is open to the petitioner to challenge the notice dated 14.09.2018 under section 80-A of the Tamil Nadu Town and Country Planning Act,
1971. No costs. Consequently, the connected miscellaneous petitions are closed.
(MRS.V.K.TAHILRAMANI, CHIEF JUSTICE) (M.DURAISWAMY) 30.11.2018 Index : Yes/No Speaking Order/Non Speaking Order Rj To 1 The Commissioner Greater Chennai Corporation Ripon Buildings Chennai 3 2 The Assistant Executive Engineer Greater Chennai Corporation - Zone IX No.1 Lake Area 4th Cross Street Nungambakkam Chennai - 600 034 3 The Executive Engineer Greater Chennai Corporation - Zone IX No.1. Lake Area 4th Cross Street Nungambakkam, Chennai - 600 034
THE HON'BLE MRS.V.K.TAHILRAMANI CHIEF JUSTICE AND M. DURAISWAMY Rj W.P. No.23571 of 2018 and W.M.P.Nos.27523 & 27524 of 2018 30.11.2018