Rajalakshmi v. The Commissioner

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 27.04.2023

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN AND THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI and W.M.P.(MD) Nos.9279, 9280, 9309, 9310, 9281, 9282 of 2023 1.Rajalakshmi ... Petitioner in W.P.(MD) No.10450 of 2023 2.Jeyanthi ... Petitioner in W.P.(MD) No.10451 of 2023 3.S.Santhalakshmi ... Petitioner in W.P.(MD) No.10452 of 2023 -vs1. The Commissioner, Tiruchirappalli City Municipal Corporation, Tiruchirappalli.

2. The Assistant Commissioner, Tiruchirappalli City Municipal Corporation, Ward Office - I,Srirangam Zone, Tiruchirappalli.

... Respondents (in all the writ petitions) COMMON PRAYER: Petitions filed under Article 226 of the Constitution of India, to issue a Writ of Certiorari, calling for records pertaining to the order

passed by the second respondent in his proceedings Na.Ka.No.F1/7104/2018 dated 16.03.2023 and quash the same is illegal. For Petitioners :

Mr.T.Lenin Kumar (in all writ petitions) For Respondents :

Mr.R.Baskaran Standing Counsel (in all writ petitions) COMMON ORDER [Order of the Court was made by R.SUBRAMANIAN, J.] With the consent of both sides, these writ petitions are taken up for final hearing at the admission stage itself.

2. Mr.R.Baskaran, learned Standing Counsel takes notice for the respondents.

3. The petitioners' challenge is to the notices issued under Section 56(1) of the Tamil Nadu Town and Country Planning Act, 1971. The petitioners can very well avail of the remedy available under Section 56(3) of the Act for retention of the building in question. Hence, these writ petitions are dismissed,

leaving it open to the petitioners to seek retention by filing an application under Section 56(3) of the Tamil Nadu Town and Country Planning Act, 1971, within a period of ten days from today, failing which, the respondents can proceed with further action under the impugned notices. No costs. Consequently, connected miscellaneous petitions are closed.

[R.S.M., J.] [L.V.G., J.] 27.04.2023 NCC : No Index : No Internet : Yes PKN To:

1. The Commissioner, Tiruchirappalli City Municipal Corporation, Tiruchirappalli.

2. The Assistant Commissioner, Tiruchirappalli City Municipal Corporation, Ward Office - I,Srirangam Zone, Tiruchirappalli.

R.SUBRAMANIAN , J.

AND L.VICTORIA GOWRI , J.

PKN 27.04.2023