Madras High CourtWP(MD)/11875/2012disposed of

Mr.R. Soundara Pandian, v. Member Secretary

2024-02-21Honourable Mr Justice D. Krishnakumar,Honourable Mr Justice R.Vijayakumar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.02.2024

CORAM:

THE HONOURABLE MR.JUSTICE D. KRISHNAKUMAR and THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR and M.P(MD)No.1 of 2012 R.Soundara Pandian ... Petitioner vs.

Member Secretary, Local Planning Authority, No.51, West Car Street, Thoothukudi.

... Respondent PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorarified Mandamus, calling for the records relating to the proceedings of the respondent in Na.Ka.No.402/2007 dated 12.07.2012 and quash the same as illegal and inconsistent with Section 56(2-A) and 56(3) of the Tamil Nadu Town and Country Planning Act, 1971 and consequently direct the respondent to remove the lock and seal.

For Petitioner : Mr.K.Asok Kumar Ram For Respondent : Mr.T.Amjadkhan Government Advocate 1/4

ORDER

(Order of the Court was made by D. KRISHNAKUMAR, J.) The petitioner has filed the present Writ Petition to quash the proceedings in Na.Ka.No.402/2007, dated 12.07.2012 by the respondent and inconsistent with Section 56(2-A) and 56(3) of the Tamil Nadu Town and Country Planning Act, 1971 and consequently direct the respondent to remove the lock and seal.

2.When the matter was taken up for hearing today, learned counsel appearing for the petitioner sought permission of this Court to file an appeal as against the impugned order, dated 12.07.2012 passed by the respondent before the Appellate Authority under Section 80-A of the Tamil Nadu Town and Country Planning Act, 1971.

3.Considering the above submission made by the learned counsel appearing for the petitioner, this Writ Petition is disposed of with liberty to the petitioner to file an appeal before the Appellate Authority under Section 80-A of the Tamil Nadu Town and Country Planning Act, 1971, 2/4

within a period of three weeks from the date of receipt of a copy of this order. Till such time, interim order granted by this Court shall be in force. No costs. Consequently, connected Miscellaneous Petition is closed. [D.K.K.,J.] [R.V.,J.] 21.02.2024 NCC : Yes / No Index : Yes / No ps To Member Secretary, Local Planning Authority, No.51, West Car Street, Thoothukudi.

3/4

D. KRISHNAKUMAR ,J.

and R.VIJAYAKUMAR,J.

ps ORDER MADE IN DATED : 21.02.2024 4/4