Jerina A v. The District Collector,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 19.08.2025
CORAM:
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM AND THE HONOURABLE MR.JUSTICE G.ARUL MURUGAN and W.M.P(MD)No.17744 of 2025 A.Jerina ... Petitioner -Vs1.The District Collector, Tenkasi District, Tenkasi.
2.The Commissioner (Municipality), Office of the Municipality Commissioner, Tenkasi Municipality, Tenkasi District.
... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, to call for records relating to the impugned notice forwarded by the second respondent vide notice No.4/2025 dated 28.07.2025 under Section 56(1) of the Tamil Nadu Town and Country Planning Act, 1971 and quash the same as illegal and arbitrary and consequently directing the second respondent to consider the petitioner's representation dated 13.08.2025. 1/4
For Petitioner : Mr.A.B.Jeeva For R1 : Mr.M.Sarangan Additional Government Pleader For R2 : Mr.P.Athimoolapandian
ORDER
(Order of the Court was made by S.M.SUBRAMANIAM, J.) Notice issued under Section 56 (1) of the Tamil Nadu Town and Country Planning Act, 1971 in proceeding dated 28.07.2025 is under challenge in the present writ petition.
2. The lock and seal proceedings under the Town and Country Planning Act is susceptible to the revision under section 80 A of the Town and Country Planning Act before the Government. The Government has to adjudicate the issues on merits. When the statute contemplates an efficacious remedy under Section 80 A of the Act, the writ petition is not maintainable. 2/4
3. In view of the above, the writ petition is dismissed with liberty to the petitioner to file a revision. No costs. Consequently, connected miscellaneous petition is closed.
(S.M.S., J.) & (G.A.M., J.) 19.08.2025 NCC : Yes / No Index : Yes / No am To 1.The District Collector, Tenkasi District, Tenkasi.
2.The Commissioner (Municipality), Office of the Municipality Commissioner, Tenkasi Municipality, Tenkasi District.
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S.M.SUBRAMANIAM, J.
AND G.ARUL MURUGAN, J.
am 19.08.2025 4/4