K.V.Prasath v. The Commissioner,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 17.06.2025
CORAM
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM AND THE HONOURABLE DR.JUSTICE A.D.MARIA CLETE and W.M.P.(MD).Nos.18729 and 18730 of 2018 K.V.Prasath ... Petitioner Vs.
1.The Commissioner, Tiruchirappalli City Municipal Corporation, Tiruchirappalli.
2.The Assistant Commissioner, Tiruchirappalli City Municipal Corporation, Srirangam Zone, 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.F1/8182/2017 (Sri) dated 14.09.2018 and quash the same as illegal.
For Petitioner : Mr.S.Yogeswaran for Mr.T.Lenin Kumar For Respondents : Mr.K.R.Kishore Ram for M/s.R.B.Law Associates
ORDER
(Order of the Court was made by S.M.SUBRAMANIAM, J.) Notice issued under Section 56 of the Tamil Nadu Town and Country Planning Act, 1971 dated 14.09.2018 is under challenge in the present Writ Petition.
2. No Writ against notice is maintainable unless it is issued by an incompetent authority. However, Section 80A of the Town and Country Planning Act contemplates revision before the Government and the alternate remedy is efficacious as the Government is empowered to adjudicate both facts and legal grounds raised between the parties. Thus, the petitioner is at liberty to approach the Government under Section 80A of the Town and Country Planning Act for redressal of his grievances.
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.) (A.D.M.C.,J.) 17.06.2025 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, Srirangam Zone, Tiruchirappalli.
S.M.SUBRAMANIAM,J.
and DR.A.D.MARIA CLETE,J.
Lm 17.06.2025