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Madras High CourtWP/32043/2019disposed of

D.Kathirvel, v. The Junior Engineer,

2019-11-18Honourable Mr Justice M.M.Sundresh,Honourable Mr Justice Rmt. Teekaa Raman3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.11.2019

CORAM:

THE HON'BLE MR. JUSTICE M.M.SUNDRESH and THE HON'BLE MR. JUSTICE RMT. TEEKAA RAMAN W.P.No.32043 of 2019 and WMP No.32297 of 2019 D.Kathirvel ... Petitioner vs.

1.

The Junior Engineer, Unit - 15, Zone - IV, 2.

The Executive Engineer, The Assistant Executive Engineer, ... Respondents Writ Petition filed under Article 226 of the Constitution of India seeking to issue a writ of Certiorari, calling for the records of the Respondents concerned in their notice issued under Section 57 read with Section 85 of the Town and Country Planning Act, 1971, as amended by Act 61 of 2008, Letter No.06/00239/2019, dated 30.10.2019, quash the same.

For Petitioner :

Mr.K.Kannan For Respondents :

Dr.C.Ravichandran

O R D E R

(Order of the Court made by M.M.SUNDRESH,J.) What has been challenged in this Writ Petition, is the order passed under Section 57 of the Tamil Nadu Town and Country Planning Act, 1971, which is admittedly appealable under Section 80-A of the Act.

2.

In such view of the matter, we are not inclined to entertain the Writ Petition, more so, when disputed questions of law are involved.

This Writ Petition is disposed of with liberty to the Petitioner to file an Appeal, as stated above, before the Appellate Authority within a period of four weeks from the date of receipt of a copy of this order. There shall be an order of status quo till then. No costs. Consequently, connected W.M.P.No.32297 of 2019 is closed.

Sd/- Assistant Registrar(CCC) //True copy// Sub Assistant Registrar (aeb) To:

1.

The Junior Engineer, Unit - 15, Zone - IV, 2.

The Executive Engineer,

The Assistant Executive Engineer, +1cc to Mr.K.Kannan, Advocate SR.No.95927 +1cc to Dr.C.Ravichandran, Advocate SR.No.95418 W.P.No.32043 of 2019 and WMP No.32297 of 2019 EV(CO) GMY(02/01/2020)