Mr.A.S.Karunakaran v. The Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18.11.2016 CORAM :

The Hon'ble MR.SANJAY KISHAN KAUL, CHIEF JUSTICE AND The Hon'ble MR.JUSTICE R.MAHADEVAN W.P. No.40584 of 2016 A.S.Karunakaran .. Petitioner -vs1.The Commissioner, Corporation of Chennai, Ripon Building, Chennai 600 003.

2.The Executive Engineer, Enforcement-Region Central, Corporation of Chennai, Regional Office-Central , Zone-VIII, 2nd Cross Street (East), Pulla Avanue, Shenoy Nagar, Chennai 600 030.

3.The Assistant Engineer, Corporation of Chennai, Zone-VIII, Division-95, Villivakkam, Chennai 600 049.

4.The Secretary to Government, Housing and Urban Development Dept., Fort St. George, Chennai 600 009.

.. Respondents Petition filed under Article 226 of the Constitution of India praying for issue of Writ of Mandamus to direct the respondents or anybody on their behalf initiate any action of discontinue the occupation of the premises of the building put up at New Door No.4, Old Door No.1A, Plot No.9 Part (Southern portion of Plot No.9), First Cross Street, South High Court Colony, Villivakkam, Chennai 600 049, till the disposal of the petitioner's appeal petition submitted under Section 80 (A) of the Tamil Nadu Town and Country Planning Act, 1971, with the fourth respondent.

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For Petitioner :

Mr.V.Manisekaran For Respondents :

Mr.A.Nagarajan for RR 1 to 3 :

Mr.M.K.Subramanian, Govt. Pleader for R-4 * * * * *

O R D E R

(Order of the Court was made by The Hon'ble Chief Justice) We are not inclined to entertain the petition since the appeal under Section 80-A of the Tamil Nadu Town and Country Planning Act, 1971, is pending and it is for the appellate authority to consider the question of interim relief for which application has been filed.

2.Writ petition is dismissed. No costs. Consequently, W.M.P.No.34580 of 2016 is also dismissed.

Sd/- Asst.Registrar (CS VI ) /true copy/ Sub Asst. Registrar To 1.The Commissioner, Corporation of Chennai, Ripon Building, Chennai 600 003.

2.The Executive Engineer, Enforcement-Region Central, Corporation of Chennai, Regional Office-Central , Zone-VIII, 2nd Cross Street (East), Pulla Avanue, Shenoy Nagar, Chennai 600 030.

3.The Assistant Engineer, Corporation of Chennai, Zone-VIII, Division-95, Villivakkam, Chennai 600 049.

4.The Secretary to Government, Housing and Urban Development Dept., Fort St. George, Chennai 600 009.

+1 cc to Mr.V.Manisekaran,advocate,sr.66978 +1 cc to Govt.Pleader,sr.67076 ak(co) krd 30/11 W.P.No.40584 of 2016 https://hcservices.ecourts.gov.in/hcservices/