R.Loganathan v. The Deputy Director (I/C),
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 02.11.2015
CORAM:
THE HON'BLE MR.JUSTICE SATISH K. AGNIHOTRI AND THE HON'BLE DR.JUSTICE P. DEVADASS W.P. Nos.35080 to 35086 of 2015 and M.P. Nos.1 & 2 of 2015 R. Loganathan
...Petitioner in WP No.35080 of 2015
R.Hariprasad
...Petitioner in WP No.35081 of 2015
N.Karuppanan
...Petitioner in WP No.35082 of 2015
V.Gnanasundaram
...Petitioner in WP No.35083 of 2015
Dr.T.A. Thangavel
...Petitioner in WP No.35084 of 2015
S.Bakyalakshmi
...Petitioner in WP No.35085 of 2015
B.R. Sarvalekshna
...Petitioner in WP No.35086 of 2015
vs.
The Deputy Director (I/c) Town and Country Planning Salem Region No.6, Sannadhi Street Subramaniya Nagar Suramangalam Salem 636 005
...Respondent in all WPs
Prayer in W.P. No.35080 to 35086 of 2015:
Writ Petition filed under Article 226 of the Constitution of India seeking a writ of certiorarified mandamus, calling for the records relating to orders made in Na.Ka.No.148/15 Proc.3 dated 14.08.2015 and the consequential orders made in Na.Ka.No.148/15 Proc.3 dated 08.10.2015 and 09.10.2015, passed by the respondent and quash the same and forbear the respondent from locking and sealing the (i) Flat No.D, III Floor, (ii) Flat No.B-2, (iii) Flat No.B-14, (iv) Flat No.B-15, 3rd Floor, (v) Flat No.A, 1st Floor, (vi) Flat No.A, 3rd Floor and (vii) Flat
No.B-9 respectively, Sree Kumaran Towers A Block situated at Door No.138, Perundurai Main Road, Thindal Post, Erode 638 012 in pursuance of the impugned orders.
For petitioner in all the WPs :
Mr. G. Ethirajulu For respondent in :
Mr. N. Sakthivel all the WPs Government Advocate COMMON ORDER (delivered by SATISH K. AGNIHOTRI, J.) Mr. N. Sakthivel, learned Government Advocate, accepts notice for the respondent. With the consent of the learned counsel for the parties, the writ petitions are taken up for final disposal, at the admission stage itself. These writ petitions are filed assailing the legality and validity of the notices dated 14.08.2015 issued by the respondent under SectionS 56 and 57 of the Tamil Nadu Town and Country Planning Act, 1971 (for short "the Act") and also the consequential orders dated 08 October 2015 and 09 October 2015 passed by the respondent. Besides, a direction is also sought to forbear the respondent from locking and sealing the premises which are under the occupation of the petitioners, in pursuance of the impugned orders.
The learned counsel for the petitioners, has, inter alia contended that the respondent has issued notice only to the promoter of the buildings in question viz., Sree Kumaran Promoters and not to the petitioners who are owners/occupiers and as such, the proceedings impugned in these writ petitions have been initiated without following the procedure contemplated under the provisions of the Act. Thus, the impugned proceedings are liable to be set aside.
Be that as it may, it is not that the petitioners do not have any other remedy, except assailing the impugned notices by filing these writ petitions. The impugned notices passed under Section 56 and 57 of the Act, are appealable before the Government under Section 80-A of the Act. Needless to state that under Section 80-A(3) of the Act, there is also a provision for seeking interim relief. As such, there is no reason to
bypass or sidestep the appeal jurisdiction to invoke the extraordinary jurisdiction of this Court under Article 226 of the Constitution of India.
We, accordingly, dismiss the writ petitions, reserving liberty to the petitioners to take recourse to the appellate forum, if so advised. For a period of two weeks from today, there shall be an order of status quo as obtained today, in respect of the properties in question, to enable the petitioners to prefer appeals as against the impugned notices, if so advised. Costs made easy. Connected Miscellaneous Petitions are closed.
Sd/- Assistant Registrar(CS-VII) //True Copy// Sub Assistant Registrar cad To The Deputy Director (I/c) Town and Country Planning Salem Region No.6, Sannadhi Street Subramaniya Nagar Suramangalam Salem 636 005 1 CC to Mr. G. Ethirajulu, Advocate SR.No. 59940 1 CC to the Government Pleader, SR.No. 60060 W.P. Nos.35080 to 35086 of 2015 SK (CO) PSI (17.11.2015)