D.K.Akila v. The Government Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04.08.2017

CORAM:

THE HONOURABLE MR.JUSTICE K.K.SASIDHARAN and THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.14571 of 2017 and W.M.P.(MD).No.11409 of 2017 D.K.Akila ... Petitioner Vs.

1. The Government of Tamil Nadu, Rep by Secretary, Housing and Urban Development Department, Fort.St.George, Chennai 600 006.

2. The Assistant Commissioner, Tiruchirappalli City Municipal Corporation, Ponmalai Zone, Tiruchirappalli 620 004.

... Respondents PRAYER:Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus, to call for the records relating to the impugned proceedings of the second respondent in Na.Ka.No.F1/13322/2014/PON, dated 10.07.2017 and quash the same as illegal and consequently direct the respondents to scrutinize the proposed revised plan submitted by the petitioner on 25.05.2017, relating to the building in Ward No.36, T.S.No.203, Plot No.1, Block 7, Ward AE Highways Colony, Kottapattu Village, Ponmalai Division, Trichy District. For petitioner : Mr.K.Baalasundharam For respondent No.1 : Mr.M.Govindan Special Government Pleader For Respondent No.2 : Mr.N.S.Karthikeyan Standing Counsel

O R D E R

[Order of the Court was made by K.K.SASIDHARAN, J.] The order impugned in this Writ Petition is an appealable order.

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2. The learned counsel appearing for the petitioner, on instructions, submitted that the petitioner would move the Appellate Authority along with an application for stay.

3. We, therefore, dismiss the Writ Petition as withdrawn with liberty to the petitioner to file an appeal before the Appellate Authority. The Status-quo as-on-today shall be maintained for a period of two weeks so as to enable the petitioner to file appeal before the Statutory Authority. No costs. Consequently, connected Miscellaneous Petition is closed. Sd/- Assistant Registrar(P & A) /True Copy/ Sub Assistant Registrar To:

1. The Secretary to Government, Housing and Urban Development Department, Fort.St.George, Chennai 600 006.

2. The Assistant Commissioner, Tiruchirappalli City Municipal Corporation, Ponmalai Zone, Tiruchirappalli 620 004.

+1cc to M/S. N.S.KARTHIKEYAN, Advocate, SR.No.70530 +1cc to M/S. K.BAALASUNDHARAM, Advocate, SR.No.71139. +1cc to Special Government Pleader, SR.No.70979. ORDER MADE IN W.P.(MD)No.14571 of 2017 04.08.2017 NB SDS/JC/SAR 2/17.08.2017/2P/6C https://hcservices.ecourts.gov.in/hcservices/