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2025 DAILYLAW 101756 (MAD)

C.JANAKIRAMAN v. THE HONBLE SECRETARY

WP/34882/2025 · 2025-09-16

G Arul Murugan

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

W.P.No.34882 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 16.09.2025 CORAM : THE HONOURABLE MR. MANINDRA MOHAN SHRIVASTAVA, CHIEF JUSTICE AND THE HONOURABLE MR.JUSTICE G.ARUL MURUGAN W.P.No.34882 of 2025 and W.M.P.No.39060 of 2025 C.Janakiraman S/o.Chokkalingam, No.3/5, 4th Street, Sri Iyyappa Nagar, Kolathur, Chennai-600 099. Petitioner Vs 1.The Secretary Housing and Urban Development Department Secretariat, Fort St. George, Chennai-600 009. 2.The Commissioner Greater Chennai Corporation, EVR, Periyar Salai, Rippon Building, Chennai-600 003. 3.The Executive Engineer Greater Chennai Corporation, Zone-07, No.536, CTH Road, Ambattur-600 053. ____________ https://www.mhc.tn.gov.in/judis W.P.No.34882 of 2025 4.The Assistant Executive Engineer Greater Chennai Corporation, Zone-07, Unit-18, Division-83, No.83, Periyar Nagar, Venkatraman Nagar, Korattur, Chennai-600 080. 5.The Assistant Engineer Greater Chennai Corporation, Division-83, Door No.83, Periyar Nagar, Venkatraman Nagar, Korattur, Chennai-600 080. 6.C.Jeevarathinam S/o.Chokkalingam, No.5, 4th Street, Sri Ayappa Nagar, Kolathur, Chennai-600 099 Respondents PRAYER : Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of certiorarified mandamus calling for the records of the impugned De-occupation Notice dated 28.10.2024 bearing Notice No.Div/Unit-18/423/2024, issued under Section 57 read with Section 85 of the Town and Country Planning Act, 1971 as amended by Act 61 of 2008 by the respondents 3 to 5 and the consequent Notice issued by the 3rd respondent bearing Ma.Aa.Na.Ka.No.DN-83/Unit 18/423/2025, dated 21.8.2025 to the petitioner and quash the same as illegal and consequently forbear respondents 2 to 5 from taking any coercive action against the petitioner's building at No.3/5, 4th street, Sri Iyyappa Nagar, Kolathur, Chennai-600 099 pending disposal of the Appeal preferred by him before the 1st respondent in Appeal vide Ref.No.DN-83/Unit 18/423/2025 dated 25.8.2025 under Section 80(A) of the Tamil Nadu Nadu Town and Country Planning Act, 1971. For Petitioner: Mr.J.Srinivasan For Respondents: Mr.M.Habeeb Rahman Government Advocate for respondent No.1 ____________ https://www.mhc.tn.gov.in/judis W.P.No.34882 of 2025 Mr.A.Arun Babu Standing Counsel for respondent Nos.2 to 6 ORDER (Order of the Court was made by the Hon'ble Chief Justice) Though number of grounds have been urged, taking into consideration that the petitioner has approached the revisional authority by filing revision under Section 80A of the Tamil Nadu Town and Country Planning Act, 1971, we are not inclined to entertain this petition. Writ petition is dismissed with liberty to the petitioner to pursue his remedy. There shall be no order as to costs. Consequently, interim application stands closed. (MANINDRA MOHAN SHRIVASTAVA, CJ) (G.ARUL MURUGAN,J) 16.09.2025 Index : Yes/No Neutral Citation : Yes/No sasi ____________ https://www.mhc.tn.gov.in/judis W.P.No.34882 of 2025 To: 1.The Secretary Housing and Urban Development Dept., Secretariat, Fort St. George, Chennai-600 009 2.The Commissioner Greater Chennai Corporation, EVR, Periyar Salai, Rippon Building, Chennai-600 003 3.The Executive Engineer Greater Chennai Corporation, Zone-07, No.536, CTH Road, Ambattur-600 053 4.The Assistant Executive Engineer Greater Chennai Corporation, Zone-07, Unit-18, Division-83, No.83, Periyar Nagar, Venkatraman Nagar, Korattur, Chennai-600 080 5.The Assistant Engineer Greater Chennai Corporation, Division-83, Door No.83, Periyar Nagar, Venkatraman Nagar, Korattur, Chennai-600 080 ____________ https://www.mhc.tn.gov.in/judis W.P.No.34882 of 2025 THE HON'BLE CHIEF JUSTICE AND G.ARUL MURUGAN,J. (sasi) W.P.No.34882 of 2025 16.09.2025 ____________ https://www.mhc.tn.gov.in/judis