E. Pakkirisamy v. The Chennai Metropolitan

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 17.9.2019

CORAM

THE HONOURABLE DR.JUSTICE VINEET KOTHARI AND THE HONOURABLE MR.JUSTICE C.SARAVANAN W.P.No.27268 of 2019 and W.M.P.No.26690 of 2019 E.Pakkirisamy Petitioner

Versus

1. The Chennai Metropolitan Development Authority, Thalamuthu Natarajan Building, No.1, Gandhi Irwin Road, Egmore, Chennai 600 008.

2. The Executive Engineer (Zone-VIII), Greater Chennai Corporation, Zonal Office-VIII, 2nd Cross Street (East), Pulla Avenue, Shenoy Nagar, Chennai 600 030.

3. The Junior Engineer, Corporation of Chennai (Zone-VIII), Ayanavaram, Chennai 600 023.

Respondent Prayer: Writ Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of certiorari to call for the entire records connected with Notice issued by the second respondent in Notice No.ZONE-VIII/TPENF/65/2019 dated 29.8.2019 and quash the same.

For Petitioner : Mr.A.T.Jayaraman For R1 : Ms.P.Veena Suresh For RR2 and 3 : Mr.C.Ravichandran

ORDER

(Order of the court was made by C.SARAVANAN, J.)

The petition is filed for issuance of a writ of certiorari to quash the impugned notice issued by the second respondent.

2. Heard Mr.A.T.Jayaraman, learned counsel for the Petitioner, Ms.P.Veena Suresh, learned counsel for Respondent No.1/CMDA and Mr.C.Ravichandran, learned counsel appearing for Respondents 2 and 3.

3. The learned counsel for the Petitioner submits that they have already filed an Appeal under Section 80A of the Tamil Nadu Town and Country Planning Act on 9.9.2019.

4. Since the Petitioner has already filed an Appeal, we do not find any justification to entertain the present writ petition. The petitioner has to pursue his remedy in Appeal pending before the statutory Authority including the interim relief. The Writ Petition is disposed of accordingly. No costs. The connected Miscellaneous Petition is closed. Copy of this order be sent to the Respondents.

-s/d- Assistant Registrar(CS-I) True Copy Sub-Assistant Registrar ssk.

To:

1. The Chennai Metropolitan Development Authority, Thalamuthu Natarajan Building, No.1, Gandhi Irwin Road, Egmore, Chennai 600 008.

2. The Executive Engineer (Zone-VIII), Greater Chennai Corporation, Zonal Office-VIII, 2nd Cross Street (East), Pulla Avenue, Shenoy Nagar, Chennai 600 030.

3. The Junior Engineer, Corporation of Chennai (Zone-VIII), Ayanavaram, Chennai 600 023.

+1 CC to M/s.P. Veena Suresh, Advocate sr 79654 +1 CC to Mr.A.T.Jayaraman, Advocate sr 80058. W.P.No.27268 of 2019 RP(CO) SP(26/09/2019)