L.Chandrasekar, v. The Commissioner,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.11.2016

CORAM

The HON'BLE MR.SANJAY KISHAN KAUL, CHIEF JUSTICE AND The HON'BLE MR.JUSTICE R.MAHADEVAN W.P.No.35201 of 2012 and MP.1/2012 L.Chandrasekar .. Petitioner Vs 1.The Commissioner, Corporation of Chennai Rippon Buildings, Chennai 600003.

2. The Assistant Commissioner, Chennai Corporation, Zone 10, Kodambakkam, Chennai 600024.

3.The Executive Enginner, Zone 10, Town Planning Section, Work Department, Corporation of Chennai, Rippon Buildings, Chennai 600 003.

4.R.Balu 5.R.Vanmadhi .. Respondents Petition filed under Article 226 of the Constitution of India for issuance of a writ of Certiorari, to call for the entire records pertaining to the Locking and Sealing and Demolitions notice in Lr.No.JE/Dn, 131/C.No.003/2012 dated 13.12.2012 preceded by the stop work notice dated 6.12.2012 issued by the 3rd respondent and quash the same.

For Petitioner : Mr.R.Devaraj for Mr.M.Sriram For Respondents : Mr.V.C.Selvasekaran for R.1 and R.2 Mr.R.Vijayakumar Addl.Govt.

Pleader for R.3

ORDER

(Order of the Court was made by the Hon'ble Chief Justice) The appeal of the petitioner is already pending before the competent authority. If the petitioner wants any interim relief, he has to approach that authority and not this Court. Similarly, if the petitioner is aggrieved by the lock and seal notice, a special revision lies before the competent authority under Section 88-A of the Tamil Nadu Town and Country Planning Act which remedy has not been utilized.

2. We are thus not inclined to maintain the petition and dismiss the same with liberty to the petitioner to avail of the remedy available to him in accordance with law. No costs. Consequently, MP.No.1 of 2012 is closed.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar ksr To 1.The Commissioner, Corporation of Chennai Rippon Buildings, Chennai 600003.

2. The Assistant Commissioner, Chennai Corporation, Zone 10, Kodambakkam, Chennai 600024.

3.The Executive Enginner, Zone 10, Town Planning Section, Work Department, Corporation of Chennai, Rippon Buildings, Chennai 600 003.

+1cc to Mr.M. Sriram, Advocate, S.R.No.62754 +1cc to Mr.P.M. Subramaniam, Advocate, S.R.No.33306 nrjk (CO) md (14/11/2016) W.P.No.35201 of 2012