Sri Santhana Srinivasa Perumal v. The Members Secretary

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 21.05.2025 CORAM :

THE HONOURABLE MR. JUSTICE G.R.SWAMINATHAN AND THE HONOURABLE MR. JUSTICE V.LAKSHMINARAYANAN and W.M.P.Nos.21173 and 21174 of 2025 Sri Santhana Srinivasa Perumal Public Charitable Trust, Rep. by its Trustee, V. Appa Rao, No.14-A, Vellalr Street, Mogappair West, Chennai-600 058.

Petitioner Vs

1. The Member Secretary Chennai Metropolitan Development Authority, Thalamuthu Building, Gandhi Irwin Road, Egmore, Chennai-600 008.

2. The Commissioner Ribbon Building, Chennai.

3. The Deputy Commissioner Ambattur Zone, Chennai Corporation, Ambattur, Chennai.

4. The Zonal Officer

5. The Executive Engineer 6.The Assistant Executive Engineer

7. G. Sugumaran, S/o. M. Govindan, No.26/40, Karnam Street, Mogappair West, Chennai-37.

Respondents Prayer : Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of certiorari to call for the records on the file of the Executive Engineer, Greater Chennai Corporation, Zone VII, Ambattur, Chennai the 5th respondent herein in his Notice Vide Notice No.ZONE-7/TPENF/2025 dated 01.04.2025 and quash the same. For the Petitioner : Mr.K.Suresh For the Respondents : Mrs.P.Veena Suresh Standing Counsel for respondent No.1 Mr.D.B.R.Prabhu Standing Counsel for respondent Nos.2 to 6

ORDER

(Made by G.R. SWAMINATHAN, J.) Heard learned counsel for the petitioner; learned Standing Counsel for CMDA and learned Standing Counsel for Greater Chennai Corporation.

2. The petitioner challenges the de-occupation notice dated 1.4.2025. The petitioner has a remedy of appeal under Section 80A of the Tamil Nadu Town and Country Planning Act, 1971. The petitioner states that within two weeks' from today, the appeal will be filed.

3. Recording the said submission, we direct that the impugned de-occupation notice shall be kept in abeyance till the disposal of the appeal by the Government. The benefit of this order will not be available to the petitioner, if the appeal is not filed within the aforesaid time line. We have not gone into the merits of the matter.

4. The writ petition is disposed of accordingly. There shall be no orders to costs. Consequently, connected miscellaneous petitions are closed.

(G.R.S.,J.) (V.L.N., J.) 21.05.2025 Index :

Yes/No :

Yes/No bbr/vum To

1. The Member Secretary Chennai Metropolitan Development Authority, Thalamuthu Building, Gandhi Irwin Road, Egmore, Chennai-600 008.

2. The Commissioner Ribbon Building, Chennai.

3. The Deputy Commissioner Ambattur Zone, Chennai Corporation, Ambattur, Chennai.

4. The Zonal Officer

5. The Executive Engineer

6.The Assistant Executive Engineer

G.R.SWAMINATHAN ,J.

and V.LAKSHMINARAYANAN, J.

bbr/vum 21.05.2025