N.Hannah v. The Commissioner,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 04.12.2018 CORAM :

The Hon'ble Mrs.V.K.TAHILRAMANI, CHIEF JUSTICE AND The Hon'ble Mr.JUSTICE M.DURAISWAMY W.P. No.31888 of 2018 and W.M.P.No.37120 of 2018 N.Hannah .. Petitioner -vs1.The Commissioner Corporation of Chennai, Ripon Building, Chennai 600 003.

2.The Executive Engineer, Zone-06, Chennai Corporation, No.5, Anderson Road, Ayanavaram, Chennai 600 023.

3.The Assistant Executive Engineer, Unit 15, Zone-06, Chennai Corporation, No.5, Anderson Road, Ayanavaram, Chennai 600 023.

4.The Assistant Engineer, Division-064, Zone 06, Chennai Corporation, No.5, Anderson Road, Ayanavaram, Chennai 600 023.

` .. Respondents Petition filed under Article 226 of the Constitution of India praying for issue of Writ of Certiorari to call for the records relating to the Lock & Seal and Demolition Notice dated 12.11.2018 in Letter No.06/00146/2018 issued by the respondents 2 to 4 under Sec.57 read with 85 of Town and Country Planning Act and quash the same.

For Petitioner :

Mr.S.Parthasarathy For Respondents :

Mr.K.Soundararajan Stng. Counsel

O R D E R

(Order of the Court was made by The Hon'ble Chief Justice) This petition has been preferred by the petitioner being aggrieved by the Lock and Seal and Demolition Notice dated https://hcservices.ecourts.gov.in/hcservices/

12.11.2018 issued by respondent nos.2 to 4 under Section 57 read with Section 85 of The Town and Country Planning Act, 1971. The prayer of the petitioner is that the said notice be quashed. 2.The notice pertains to residential/commercial building at 3A, 25th Street, Poompuhar Nagar, Kolathur, Chennai 600 099. Against the notice, the petitioner has an efficacious remedy of preferring an appeal under Section 80A of the said Act. Hence, we are not inclined to interfere. It would be open to the petitioner to prefer an appeal against the said notice. If an appeal is preferred, the authorities to decide the same in accordance with law.

Writ petition is dismissed with the above observation. No costs. Consequently, W.M.P.No.37120 of 2018 is also dismissed. s/d- Assistant Registrar(CS VI) True Copy Sub-Assistant Registrar sra To 1.The Commissioner Corporation of Chennai, Ripon Building, Chennai 600 003.

2.The Executive Engineer, Zone-06, Chennai Corporation, No.5, Anderson Road, Ayanavaram, Chennai 600 023.

3.The Assistant Executive Engineer, Unit 15, Zone-06, Chennai Corporation, No.5, Anderson Road, Ayanavaram, Chennai 600 023.

4.The Assistant Engineer, Division-064, Zone 06, Chennai Corporation, No.5, Anderson Road, Ayanavaram, Chennai 600 023.

+1 CC to Mr.K.Soundararajan, Advocate sr 84103. +1 CC to Mr.S.Parthasarathy, Advocate sr 83128. W.P.No.31888 of 2018 VGII(CO) SP(20/12/2018) https://hcservices.ecourts.gov.in/hcservices/