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Madras High CourtWP/33984/2025disposed of

Dr.Krishna Baba v. The Commissioner

2025-09-10Honourable The Chief Justice,Honourable Mr.Justice G.Arul Murugan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 10.09.2025

CORAM

THE HON'BLE MR.MANINDRA MOHAN SHRIVASTAVA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE G.ARUL MURUGAN and WMP No.38138 of 2025 Dr.Krishna Baba .. Petitioner -vs1. The Commissioner, Greater Chennai Corporation, Ripon Building, Chennai 600 003.

2. The Executive Engineer-I, Zone-XIII, Greater Chennai Corporation, Adyar, Chennai 600 020.

3. The Assistant Executive Engineer, Unit-38, Greater Chennai Corporation, Adyar, Chennai 600 020.

4. The Assistant Engineer, Division-174, Greater Chennai Corporation, Adyar, Chennai 600 020.

.. Respondents Prayer: Petition filed under Article 226 of the Constitution of India for

issuance of a Writ of Certiorari to call for the records pertaining to the impugned order bearing Notice no.Div174/011/2025 dated 07.07.2025 on the file of the 4th respondent and quash the same as arbitrary, illegal and unconstitutional.

For Petitioner :

Mr.T.Mohan Senior Counsel for Mr.Abhinav Parthasarathy For Respondents :

Mr.A.Arun Babu Standing Counsel * * * * *

ORDER

(Order of the Court was made by the Hon'ble Chief Justice) Having challenged the de-occupation notice dated 07.07.2025 before the revisional authority under Section 80-A of the Tamil Nadu Town and Country Planning Act, 1971, the petitioner has filed this petition seeking indulgence.

2. As the petitioner has already approached the revisional authority, we leave all the issues open for being considered by the

revisional authority in the proceedings under Section 80-A of the Act. It will be open for the petitioner to press his application for stay on any stated grounds of urgency. If that is done, the revisional authority shall decide the stay application as early as possible, preferably within three weeks from today. The petitioner shall submit a copy of this order before the revisional authority within a period of five days from today. If this is not submitted in five days, protective umbrella shall lose its efficacy.

3. Learned counsel for the Corporation says that for a period of three weeks from today, the de-occupation notice shall not be given effect to.

Petition is, accordingly, disposed of. There shall be no order as to costs. Consequently, the interim application stands closed. (MANINDRA MOHAN SHRIVASTAVA, CJ.) (G.ARUL MURUGAN, J.) 10.09.2025 Index : Yes/No : Yes/No

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

(sra) To

1. The Commissioner, Greater Chennai Corporation, Ripon Building, Chennai 600 003.

2. The Executive Engineer-I, Zone-XIII, Greater Chennai Corporation, Adyar, Chennai 600 020.

3. The Assistant Executive Engineer, Unit-38, Greater Chennai Corporation, Adyar, Chennai 600 020.

4. The Assistant Engineer, Division-174, Greater Chennai Corporation, Adyar, Chennai 600 020.

10.09.2025