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2025 DAILYLAW 88872 (MAD)

B.OM PRAKASH v. THE EXECUTIVE ENGINEER

WP/31734/2025 · 2025-08-22

Sunder Mohan

Transfer Petitionbody2025

Judgment text

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WP No.31734 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 22.08.2025 CORAM THE HON'BLE MR.MANINDRA MOHAN SHRIVASTAVA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE SUNDER MOHAN WP No.31734 of 2025 and WMP Nos.35531 and 35532 of 2025 B.Om Prakash .. Petitioner -vs- 1. The Executive Engineer, Zone-7, Greater Chennai Corporation, No.536, Chennai Tiruvallur Highway Road, Opp. Dunlop Company, Ambattur, Chennai 600 053. 2. The Assistant Engineer, Div-84, Zone-7, Greater Chennai Corporation, No.536, Chennai Tiruvallur Highway Road, Opp. Dunlop Company, Ambattur, Chennai 600 053. .. Respondents Prayer: Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus to call for the records in the Notice dated 13.08.2025 issued by the 2nd respondent and quash https://www.mhc.tn.gov.in/judis WP No.31734 of 2025 the same and direct the respondents not to take any coercive action against the property at No.6, South Railway Station Road, Korattur, Chennai 600 050. For Petitioner : Mr.D.S.Rajasekaran for Mr.K.Sivasubramanian For Respondents : Mr.A.Arun Babu Standing Counsel. * * * * * ORDER (Order of the Court was made by the Hon'ble Chief Justice) This petition has been filed before this Court seeking indulgence on the submission that as against the de-occupation notice issued on 12.05.2025, a revision petition under Section 80-A of the Tamil Nadu Town and Country Planning Act, 1971 has been filed on 20.08.2025 and the petitioner is apprehending lock and seal action on the part of the Corporation, pursuant to the impugned notice dated 13.08.2025. 2. Petitioner is not entitled to any indulgence by this Court because the petitioner remained indolent and did not take the remedy of filing revision against the de-occupation notice dated 12.05.2025 https://www.mhc.tn.gov.in/judis WP No.31734 of 2025 and only on 20.08.2025, the revision petition has been filed before the concerned authority. Petition is, therefore, dismissed, however, any order of lock and seal passed would be subject to final outcome of the revision filed by the petitioner. There shall be no order as to costs. Consequently, the interim applications are closed. (MANINDRA MOHAN SHRIVASTAVA, CJ.)(SUNDER MOHAN, J.) 22.08.2025 Index : Yes/No Neutral Citation : Yes/No sra To 1. The Executive Engineer, Zone-7, Greater Chennai Corporation, No.536, Chennai Tiruvallur Highway Road, Opp. Dunlop Company, Ambattur, Chennai 600 053. 2. The Assistant Engineer, Div-84, Zone-7, Greater Chennai Corporation, No.536, Chennai Tiruvallur Highway Road, Opp. Dunlop Company, Ambattur, Chennai 600 053. Page 3 of 4 https://www.mhc.tn.gov.in/judis WP No.31734 of 2025 THE HON'BLE CHIEF JUSTICE AND SUNDER MOHAN , J. (sra) WP No.31734 of 2025 22.08.2025 https://www.mhc.tn.gov.in/judis