S.Pirayon, v. The Commissioner,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Date:- 22-04-2015 Coram The Honourable Mr. Justice SATISH K. AGNIHOTRI and The Honourable Mr. Justice M. VENUGOPAL W.P.No.6285 of 2015 and M.P.No.1 of 2015 1 S.Pirayon Partner M/s. J.P.S. Promoters No.7B Imperial Road Thirupathiripuliyur Cuddalore-2.

Petitioner Vs 1 The Commissioner Cuddalore Municipality Cuddalore.

2 The Member Secretary Cuddalore Local Planning Authority Cuddalore.

Respondents Petition under Article 226 of the Constitution of India praying for a writ of certiorari to call for the records of the Impugned Notice dated 23.02.2015 in Notice No. Ka.V.No. 37/2013/ Na.Ka.No. 4256/2012/F1 issued by the 1st respondent herein and quash the same For petitioner ::

Mr. G. Muthukumar For respondents ::

Mr. P.S. Shivashanmugha Sundaram, Spl.G.P.

ORDER

(Order of the Court is made by SATISH K. AGNIHOTRI,J.) The writ petition is filed challenging the Notice dated 23.02.2015 in Notice No. Ka.V.No. 37/2013/ Na.Ka.No. 4256/2012/F1 issued under Sections 339 (2), 340(1), 344 of Tamil Nadu District Municipalities Act, by the first respondent herein. 2.

Mr. P.S. Shivashanmugha Sundaram, learned Special Government Pleader takes notice for the respondents. 3.

The learned counsel appearing for the petitioner submits that the impugned notice has been assailed before the appellateauthority and the petitioner be permitted to file a copy of the appeal at this stage.

https://hcservices.ecourts.gov.in/hcservices/ 4.

It is not necessary to file a copy of the appeal, since the

matter is pending before the appellate authority. Since the impugned notice, which is under challenge is also the subject matter of appeal, we are not inclined to interfere with the notice or appeal, at this stage. However, we make this clear if the statutory appeal is pending consideration before the appellate authority, the appellate authority shall consider the same and take decision, expeditiously. The petitioner is at liberty to pursue the appeal for interim relief.

6. The writ petition is disposed of, accordingly. No costs. The connected miscellaneous petition is closed. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar glp To 1 The Commissioner Cuddalore Municipality Cuddalore.

2 The Member Secretary Cuddalore Local Planning Authority Cuddalore.

2 cc to Mr.G.Muthukumar ,Advocate, SR.No.21864 W.P.No.6285 of 2015 ssi(co) pmk.19.5.2015 https://hcservices.ecourts.gov.in/hcservices/