Madras High CourtWP(MD)/16104/2023dismissed

Rengarajan v. The Commissioner

2023-10-04Honourable Mr Justice S.M. Subramaniam,Honourable Mr Justice V. Lakshminarayanan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04.10.2023

CORAM

THE HON'BLE MR JUSTICE S.M.SUBRAMANIAM AND THE HON'BLE MR JUSTICE V.LAKSHMINARAYANAN and W.M.P.(MD).Nos.13493 and 13494 of 2023 Rengarajan .. Petitioner Vs.

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

2.The Assistant Commissioner, Tiruchirappalli City Municipal Corporation, Zone - 1, Tiruchirappalli.

.. Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India to issue a writ of Certiorari, to call for the records pertaining to the order passed by the 2nd respondent in his proceedings Na.Ka.No.F1/6634/2017 dated 16.06.2023 and quash the same as illegal.

For Petitioner : Mr.T.Lenin Kumar For Respondents : Mr.R.Baskaran Standing Counsel for M/s.R.B.Law Associates

ORDER

(Order of the Court was made by S.M.SUBRAMANIAM,J.) The Writ Petition on hand has been instituted questioning the validity of the final notice dated 16.06.2023.

2. There is no provision to regularize the illegal constructions made in violation of the building plan approval granted under the provisions of the Act. The authorities found illegal constructions in the premises of the petitioner and consequently, issued impugned notice under Section 56(2A) and 57 of the Tamil Nadu Town and Country Planning Act, 1971. As against the notice, Special Revision is contemplated under Section 80A of the Town and Country Planning Act. If at all any grievance exists, the petitioner is at liberty to exhaust the statutory remedy contemplated. However, there is no impediment for the authorities to proceed with the action by following the procedure as contemplated under law.

3. Accordingly, the Writ Petition stands dismissed. There shall be no order as to costs. Consequently, connected miscellaneous petitions are closed.

(S.M.S.,J.) (V.L.N.,J.) 04.10.2023 NCC : Yes / No Index : Yes / No Internet : Yes / No Lm To 1.The Commissioner, Tiruchirappalli City Municipal Corporation, Tiruchirappalli.

2.The Assistant Commissioner, Tiruchirappalli City Municipal Corporation, Zone - 1, Tiruchirappalli.

S.M.SUBRAMANIAM,J.

and V.LAKSHMINARAYANAN,J.

Lm 04.10.2023