K.Srinivasan v. The Corporation Of Chennai,

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 29.10.2024

CORAM:

THE HONOURABLE MR.JUSTICE D. KRISHNAKUMAR and THE HONOURABLE MR. JUSTICE P.B. BALAJI K. Srinivasan Petitioner vs.

The Corporation of Chennai Rep. by its Commissioner Greater Chennai Corporation No.1131, EVR Periyar Salai Park Town, Chennai 600 003 The Executive Engineer Zone-VII, Division 92 Corporation of Chennai Ambattur, Chennai 600 053 The Assistant Engineer Zone-VII, Division 92 Corporation of Chennai Ambattur, Chennai 600 053 The Assistant Executive Engineer Zone-VII, Division 92 Corporation of Chennai Ambattur, Chennai 600 053 K.Narasimhavasan Respondents Writ Petition filed under Article 226 of the Constitution of India seeking a writ of mandamus directing the respondents 1 to 4 to take action as per their notice No.Zone-VIII/TPENF/DN-092/547/2023 dated 31.05.2023 within a specific period.

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For petitioner Mr. E. Kotteeswaran For RR1 to 4 Ms. K. Aswini Devi Standing Counsel For R5 Mr.A.Murali

ORDER

(made by D. KRISHNAKUMAR, J.) This writ petition has been filed seeking a writ of mandamus directing the respondents 1 to 4 to take action as per their notice dated 31.05.2023 issued under Sections 56 and 57 read with Section 85 of the Tamil Nadu Town and Country Planning Act, 1971, within a time frame.

2.

Heard the learned counsel for the respective parties and also perused the materials placed on record.

3.

It was brought to the notice of this Court that the fifth respondent against whom the aforesaid notice dated 31.05.2023 has been issued, has called into question the legality and validity of the same by way of filing an appeal invoking Section 80-A of the Tamil Nadu Town and Country Planning Act, 1971, on 08.06.2023 before the Secretary to Government, Housing and Urban Development Department, Fort St. George, Chennai 600 009 and the same is under 2/4

consideration.

4.

The above being the factual matrix of the case, the relief sought by the petitioner cannot be granted. However, the petitioner is at liberty to pursue his remedy before the aforesaid authority in the appeal preferred by the fifth respondent, if so advised. With the above direction, this writ petition stands disposed of sans costs.

(D.K.K., J.) (P.B.B., J.) 29.10.2024 cad 3/4

D. KRISHNAKUMAR, J.

and P.B. BALAJI, J.

cad To The Commissioner Corporation of Chennai Greater Chennai Corporation No.1131, EVR Periyar Salai Park Town, Chennai 600 003 The Executive Engineer Zone-VII, Division 92 Corporation of Chennai Ambattur, Chennai 600 053 The Assistant Engineer Zone-VII, Division 92 Corporation of Chennai Ambattur, Chennai 600 053 The Assistant Executive Engineer Zone-VII, Division 92 Corporation of Chennai Ambattur, Chennai 600 053 29.10.2024 4/4