Madras High CourtWP(MD)/8365/2013dismissed

Dr.P.Palanikumar, v. The President /

2024-02-28Honourable Mr Justice D. Krishnakumar,Honourable Mr Justice R.Vijayakumar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.02.2024

CORAM:

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR AND THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR W.P.(MD)No.8365 of 2013 and M.P.(MD)Nos.1 to 3 of 2013 P.Palanikumar ... Petitioner -Vs1.The President/District Collector, Local Planning Authority, Collectorate Building, Madurai.

2.The Member Secretary, Local Planning Authority, Corporation Building, Madurai.

...Respondents

PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, to call for the records pertaining to the proceedings of the respondents dated 10.5.2013 in Na.Ka.No.Na.Ka.No. 233/2013/Mathi2 and quash the same as illegal and further direct the respondents to unlock and unseal the permises in S.No.165/8P, 165/10 and 165/8A at Uthankudi Village Madurai East Panchayat Union Madurai.

For Petitioner : Mr.K.Prabhu For R1 & R2 : Mr.J.Ashok Additional Government Pleader

ORDER

[Order of the Court was made by D.KRISHNAKUMAR, J.] The order passed under Sections 56(2A) and 57(4) of the Town and Country Planning Act (hereinafter referred to as 'the Act') is under challenge in the present Writ Petition.

2.The order passed under Sections 56(2A) and 57(4) of the Act is an appealable order under Section 80(A) of the Act. Without exhausting the appeal remedy, the petitioner has filed this Writ Petition. Therefore, this Writ Petition is not entertainable under Article 226 of Constitution of India and the same is liable to be dismissed.

3.Accordingly, this writ petition is dismissed with liberty to the petitioner to prefer an appeal before the competent authority. It is made clear that the petitioner shall file an appeal within a period of two weeks from the date of

receipt of a copy of this order. No costs. Consequently, connected miscellaneous petitions are closed.

[D.K.K., J.] & [R.V., J.] 28.02.2024 NCC : Yes / No Index : Yes / No Internet : Yes / No ta To 1.The President/District Collector, Local Planning Authority, Collectorate Building, Madurai.

2.The Member Secretary, Local Planning Authority, Corporation Building, Madurai.

D.KRISHNAKUMAR, J.

AND R.VIJAYAKUMAR , J.

ta W.P.(MD)No.8365 of 2013 28.02.2024