W.P.No.25597 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 22.09.2022
CORAM
THE HONOURABLE MR.T.RAJA, ACTING CHIEF JUSTICE
AND
THE HONOURABLE MR.JUSTICE P.D.AUDIKESAVALU
W.P.No.25597 of 2022
N.S.Aarun .. Petitioner
Versus
1.The Member Secretary,
Chennai Metropolitan Development Authority,
Thalaimuthu Natarajan Building No.1,
Gandhi Irwin Road,
Egmore, Chennai.
2.Abdul Rahman .. Respondents
Prayer: Writ Petition has been filed under Article 226 of the Constitution of India seeking
for issuance of a writ of certiorari to call for the records of the impugned lock and seal and
demolition notice in Letter No.EC/CII/4357/2022, dated 30.08.2022, issued by the first
respondent and quash the same.
For Petitioner : Mr.K.Pradeep Raj
For R1 : Mr.C.Manohar
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W.P.No.25597 of 2022
ORDER
(Judgment of the Court was delivered by The Hon'ble Acting Chief Justice) The petitioner has filed this writ petition challenging the impugned lock and seal and demolition notice issued by the Member Secretary, Chennai Metropolitan Development Authority (CMDA), Chennai / first respondent in Letter No.EC/CII/4357/2022, dated 30.08.2022.
2. Heard Mr.K.Pradeep Raj, learned counsel for the petitioner, and Mr.C.Manohar, learned standing counsel, who accepts notice for the first respondent, and with their consent, the writ petition itself is taken up for final disposal.
3. It is averred in the affidavit filed in support of the writ petition that the planning permission was issued by the CMDA for the construction of ground floor + first floor Duplex Block-A-21 Dwelling Units, Block-B-5 Dwelling Units, Block-C-13 Dwelling Units, Block-D-18 Dwelling Units, Block-E-13 Dwelling Units and Block-F-3 Dwelling Units at Survey Nos.214/1A and 214/14 to 214/19 of Kattupakkam Village, Poonamallee Panchayat Union. Although the building in question has been rightly put up as per the planning permission, the second respondent has caused disturbance to the petitioner, therefore, he has also filed a civil suit in O.S.No.260 of 2021 on the file of Additional District Munsif, Poonamallee, for permanent injunction, and the same is also pending now. Whileso, the first respondent has issued a show cause notice in Letter No.EC/C-11/4357/2022, dated https://www.mhc.tn.gov.in/judis 2/4 W.P.No.25597 of 2022 31.05.2022, to show cause as to why action should not be taken against him for construction of unauthorized community hall. Subsequently, the petitioner's father has given a reply dated 17.06.2022 requesting to suspend the show cause notice dated 31.05.2022 as the suit is pending in O.S.No.260 of 2021. However, without taking note of the same, the first respondent has issued the impugned lock and seal and demolition notice dated 30.08.2022.
4. In the impugned lock and seal and demolition notice dated 30.08.2022, it is mentioned that although the petitioner has obtained planning permission, he has made various deviations in construction of the building in question. Therefore, in our considered opinion, if at all he is aggrieved by the impugned lock and seal and demolition notice dated 30.08.2022, he has to work out his remedy by filing Special Revision Petition under Section 80-A of the Tamil Nadu Town and Country Planning Act, 1971 before the Government. Therefore, as he has effective alternative remedy, we are not inclined to entertain the writ petition and accordingly, it is dismissed. No Costs.
(T.R., ACJ.) (P.D.A., J.) 22.09.2022 rkm Index:yes/no Speaking/non-speaking THE HON'BLE ACTING CHIEF JUSTICE https://www.mhc.tn.gov.in/judis 3/4 W.P.No.25597 of 2022 and P.D.AUDIKESAVALU, J.
rkm To
1.The Member Secretary, Chennai Metropolitan Development Authority, Thalaimuthu Natarajan Building No.1, Gandhi Irwin Road, Egmore, Chennai.
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