Mohammed Shafi vs 4 A.Balasubramanian
2023 Latest Caselaw 10758 Mad

                                                                         W.A.No.2166 of 2023



                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                DATED:   18.08.2023

                                                       CORAM :

                           THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE
                                                         AND
                                    THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU


                                                W.A.No.2166 of 2023

                     Mohammed Shafi                                      .. Appellant

                                                         Vs

                     1     The Director
                           Town and Country Planning
                           2nd and 3rd Floors, C and E Market Road
                           Koyambedu, Chennai- 107.

                     2     The Deputy Director
                           District Town and Country Planning
                           No.6, Sannadhi Street
                           Subramani Nagar
                           Suramangalam, Salem - 636 302.

                     3     The Commissioner
                           Municipal Corporation
                           Idappadi Municipality
                           Idappadi, Salem District.

                     4     A.Balasubramanian                             .. Respondents

                     Prayer: Appeal under Clause 15 of the Letters Patent against the order
                     dated 20.6.2019 passed by the learned Single Judge in W.P.No.998 of
                     2023.

                     __________
                     Page 1 of 5


https://www.mhc.tn.gov.in/judis
                                                                                 W.A.No.2166 of 2023



                                       For the Appellant         : Ms.C.Swetha

                                       For the Respondents       : Mr.P.Muthukumar
                                                                   State Government Pleader
                                                                   for respondents 1 to 3

                                                         JUDGMENT

(Delivered by the Hon'ble Chief Justice)

We have heard Ms.C.Swetha, learned counsel for the

appellant, and Mr.P.Muthukumar, learned State Government

Pleader for respondents 1 to 3.

2. Learned counsel for the appellant submits that the present

appellant had filed a writ petition seeking a writ of certiorari. The

appellant was challenging the construction permission granted to

the fourth respondent. The said permission is alleged to be

obtained on the basis of the forged document.

3. According to learned counsel for the appellant, the

appellant is the owner of the property. Without any right, title or

interest, the fourth respondent has obtained the construction

permission. The learned Single Judge did not consider the case on

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https://www.mhc.tn.gov.in/judis W.A.No.2166 of 2023

merits and only directed the third respondent to consider the

objection of the appellant.

4. In writ jurisdiction, learned Single Judge could not have

arrived at a conclusive finding as to the document being forged or

otherwise. The learned Single Judge has followed the proper

course. The objection of the appellant is directed to be considered

by the third respondent, after giving opportunity to the parties. The

decision is also directed to be taken within twelve weeks.

5. Learned counsel for the appellant has also further

submitted that the authority has passed an order of stop-work and,

as such, till the objection is decided, the status-quo be directed to

be maintained.

6. The direction given by the learned Single Judge was to

decide the objection of the present appellant within twelve weeks.

Almost eight weeks have already lapsed. The learned Single Judge

has taken a balanced view of the matter.

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https://www.mhc.tn.gov.in/judis W.A.No.2166 of 2023

7. In view of that, no further orders are necessary in the

present appeal.

The writ appeal, as such, is disposed of. There will be no

order as to costs. Consequently, C.M.P.No.18552 and 18554 of

2023 are closed.

                                                        (S.V.G., CJ.)                (P.D.A., J.)
                                                                        18.08.2023
                     Index            :           Yes/No
                     Neutral Citation :           Yes/No
                     sasi

                     To:
                     1 The Director
                         Town and Country Planning

2nd and 3rd Floors, C and E Market Road Koyambedu, Chennai- 107.

2 The Deputy Director District Town and Country Planning No.6, Sannadhi Street Subramani Nagar Suramangalam, Salem - 636 302.

3 The Commissioner Municipal Corporation Idappadi Municipality Idappadi, Salem District.

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https://www.mhc.tn.gov.in/judis W.A.No.2166 of 2023

THE HON'BLE CHIEF JUSTICE AND P.D.AUDIKESAVALU,J.

(sasi)

W.A.No.2166 of 2023

18.08.2023

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https://www.mhc.tn.gov.in/judis