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Madras High CourtWP/32434/2025disposed of

Dr.M.Satheesh v. The Executive Engineer

2025-09-01Honourable The Chief Justice,Honourable Mr.Justice G.Arul Murugan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 01.09.2025

CORAM

THE HON'BLE MR.MANINDRA MOHAN SHRIVASTAVA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE G.ARUL MURUGAN Dr.M.Satheesh : Petitioner versus 1.The Executive Engineer, Greater Chennai Corporation, Zone VII, No.536, C.T.H. Road, Ambathur, Chennai 600 053 2.The Assistant Executive Engineer, Greater Chennai Corporation, Zone VII, No.536, C.T.H. Road, Ambathur, Chennai 600 053 3.The Assistant Engineer, Division 84, Zone VII, Greater Chennai Corporation, 25th Street, near CMWSSB, Korattur, Chennai 600 050 : Respondents Prayer: Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus directing the respondent from enforcing the De-Occupation Notice dated 12.05.2025 received on 13.08.2025 and earlier Pre-Notice dated 08.04.2022 and Lock and Seal Notice dated 22.08.2022 and quash the same.

For Petitioner :

Mr.Najeeb Usman Khan

For Respondents :

Mr.A.Arun Babu, Standing Counsel, for respondents 1 to 3

ORDER

(Order of the Court was made by the Hon'ble Chief Justice) The de-occupation notice dated 12.05.2025 is assailed by filing this petition.

2. When we inquired as to why the alternate remedy was not resorted to, as available under Section 80A of the Tamil Nadu Town and Country Planning Act, 1971, learned counsel for the petitioner claims that the impugned order came to be served on him only on 18.08.2025.

3. Be that as it may, as there exists an alternate remedy, we are not inclined to entertain this petition.

4. The petition stands disposed of with liberty to the petitioner to

challenge the de-occupation notice by filing a petition under Section 80A of Tamil Nadu Town and Country Planning Act, along with a petition for stay, seeking interim order. In case application for stay is made, the same shall be decided expeditiously.

5. There will be no order as to costs. Consequently, WMP No.36351 of 2025 is closed.

(MANINDRA MOHAN SHRIVASTAVA, CJ.) (G.ARUL MURUGAN, J.) 01.09.2025 Index : Yes/No : Yes/No tar To 1.The Executive Engineer, Greater Chennai Corporation, Zone VII, No.536, C.T.H. Road, Ambathur, Chennai 600 053 2.The Assistant Executive Engineer, Greater Chennai Corporation, Zone VII, No.536, C.T.H. Road, Ambathur, Chennai 600 053 3.The Assistant Engineer, Division 84, Zone VII, Greater Chennai Corporation, 25th Street, near CMWSSB, Korattur, Chennai 600 050

THE HON'BLE CHIEF JUSTICE AND G.ARUL MURUGAN , J.

(tar) 01.09.2025