Madras High CourtWP(MD)/14551/2015disposed of

Thiraviam Engineering v. The Tuticorin Local Planning

2024-03-26Honourable Mr Justice D. Krishnakumar,Honourable Mr Justice R.Vijayakumar5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26.03.2024

CORAM:

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR and THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR and M.P.(MD)Nos.1 to 4 of 2015 Thiraviam Engineering Pvt. Limited, Rep. by its Managing Director, Mr.John Vasigaran, No.2/101-1, Thiruchendur Road, Muthiahpuram, Tuticorin, Tamil Nadu - 628 005.

: Petitioner Vs.

1.The Tuticorin Local Planning Authority, Rep. by its Member Secretary, 51, Mela Ratha Veethi, Tuticorin - 628 002.

2.The District Collector, Chairman, District Coastal Zone Management Authority, Thoothukudi District.

: Respondents 1/5

PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying for a Writ of Certiorari, calling for the records of the first respondent culminating in the order in Na.Ka.No.1444/08 dated 04.08.2015, quash the same.

For Petitioner : Ms.G.Prabhahari For Respondents : Mr.S.P.Maharajan Special Government Pleader

O R D E R

************ [Order of the Court was made by D.KRISHNAKUMAR, J.] The order passed under Sections 56(2A) and 57(4) of 'the Tamil Nadu Town and Country Planning Act, 1971' [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. However, liberty is granted to the petitioner to prefer an appeal before the competent authority. It is made clear 2/5

that the petitioner shall file an appeal within a period of four [4] weeks from the date of receipt of a copy of this order. 3.With the aforesaid liberty, this writ petition stands disposed of. There shall be no order as to costs. Consequently, connected miscellaneous petitions are closed. [D.K.K.,J.] & [R.V.,J.] 26.03.2024 Index : Yes/No Internet : Yes/No MR 3/5

To 1.The Member Secretary, Tuticorin Local Planning Authority, 51, Mela Ratha Veethi, Tuticorin - 628 002.

2.The District Collector, Chairman, District Coastal Zone Management Authority, Thoothukudi District.

4/5

D.KRISHNAKUMAR, J.

and R.VIJAYAKUMAR, J.

MR ORDER MADE IN 26.03.2024 5/5