Mr.P.Vinodh Kumar v. The Corporation Administration Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12.02.2025

CORAM

THE HON'BLE MR. JUSTICE S. M. SUBRAMANIAM AND THE HON'BLE MR. JUSTICE K. RAJASEKAR Writ Petition No.33475 of 2024 and Writ Miscellaneous Petition No.36248 of 2024 Mr.P.Vinodh Kumar ... Petitioner Vs.

1. The Corporation Administration Commissioner, MCR Nagar, Raja Annamalaipuram, Chennai - 600 028.

2. The Commissioner, Kundrathur Muninipality, Kundrathur, Chennai - 600 069.

3. Ashokkumar .

... Respondents Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorarified Mandamus, to call for the records in Form VII lock and seal vide Order No.03/2023/F1 dated 06.08.2024, on the file of 1/5

the 2nd respondent and quash the same or any other appropriate writ or order or directing the 1st and 2nd respondent to restraining the 3rd respondent occupying the petitioner's land 1⁄2 feet of portion. For Petitioner : Mr.V.Ramkumar For R1 & R2 : Mr.T.Chandrasekaran Special Government Pleader

ORDER

(Order of the Court was made by S.M.SUBRAMANIAM,J.) Lock and Seal Order dated 06.08.2024 issued by the Commissioner, Kundrathur Municipality is sought to be assailed in the present writ proceedings.

2. The Competent Authorities of the Municipality conducted an inspection and found that the petitioner has constructed building unauthorizedly. Thus, Lock and Seal Order was passed. The order itself indicates that any person aggrieved, may prefer an application under Section 80-A of the Tamil Nadu Town and Country Planning Act, 1971 to the Additional Secretary (Technical Housing and Urban Development Department) Secretariat, Chennai-600 009.

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3. It seems that the petitioner has already preferred an appeal before the Competent Authority under Section 80-A of the Act and which is pending for consideration. While so, the petitioner is at liberty to pursue the appeal already filed before the Government under Section 80-A of the Act. The Government shall consider the same and take a decision as expeditiously as possible.

4. The writ petition stands disposed of. There shall be no order as to costs. Consequently, the connected miscellaneous petition stands closed. (S.M.S., J.) (K.R.S., J.) 12.02.2025 (1/2) ssi Index: Yes Speaking Order: Yes/No To 3/5

1. The Corporation Administration Commissioner, MCR Nagar, Raja Annamalaipuram, Chennai - 600 028.

2. The Commissioner, Kundrathur Muninipality, Kundrathur, Chennai - 600 069.

S.M.SUBRAMANIAM., J.

AND K. RAJASEKAR., J.

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ssi W.P.No.33475 of 2024 and W.M.P.No.36248 of 2024 12.02.2025 (1/2) 5/5