Dismissed

K.Visweswaran, v. the Member Secretary

Madras HC14 Jul 2017WP(MD)/3276/2017

Case brief

AI extract

What is this about?

The Madurai Bench of the Madras High Court dismissed a writ petition filed under Article 226 challenging a notice issued by the Local Planning Authority regarding deviation in a building plan, holding that the statutory remedy under the Town and Country Planning Act was available and was not bypassed.

What did the court decide?

The Writ Petition was dismissed with no costs. The connected miscellaneous petitions were closed.

K.Visweswaran, Vs the Member Secretary — Property and Title | Madras HC (2017)

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 14.07.2017 CORAM: THE HONOURABLE MR.JUSTICE K.K.SASIDHARAN AND THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.3276 of 2017 and W.M.P.(MD).Nos.2627 and 2628 of 2017

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K.Visweswaran .. Petitioner Vs.

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The Member Secretary, Local Town Planning Authority, Tiruchirappalli City Corporation, Cooperation Building, Tiruchirappalli-1.

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The Assistant Director, Local Town Planning Authority, Tiruchirppalli City Corporation, Corporation Building, Tiruchirappalli -1.

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Tiruchirappali City Corporation represented by Executive Authority, The Commissioner, Corporation Office, Bharathidasan Salai, Tiruchirappalli – 1.

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State of Tamil Nadu rep. by District Collector, Tiruchirapalli District, Collectorate, Tiruchirapalli -1

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S.Pushpavanam, Secretary, Consumer Protection Council Tamil Nadu, 7, 12^th Cross, Kumaran Nagar, Tiruchirappalli – 17. .. Respondents PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of certiorarified Mandamus, calling for the records relating to the notice issued by the second respondent under Section 56 (2A) of the Town and Country Planning Act in Na.Ka.No.1411/2015 Thi.Vu.Thi.Ku.2 dated 27.01.2017, quashing the same and directing the respondents to consider the permission petition filed by the petitioner under Section 49 of the Tamil https://hcservices.ecourts.gov.in/hcservices/ Nadu Town and Country Planning Act which is pending providing the petitioner sufficient opportunity to him in such consideration.

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For petitioner : No appearance For respondents 1 to 4 : Mr.M.Govindan

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Special Government Pleader For Respondent No.5 : Mr.S.Rajasekar

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for Mr.T.Lajapathi Roy

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O R D E R

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[Order of the Court was made by K.K.SASIDHARAN, J. ]

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The challenge in this Writ Petition is to the notice dated 27.01.2017, issued by the Tiruchirappalli Local Planning Authority, Tiruchirappalli, calling upon the petitioner to confirm to the building permit.

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2.None appears on behalf of the petitioner. We have heard the learned Special Government Pleader on behalf of the respondents 1 to 4 and the learned counsel for the fifth respondent.

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3.The notice issued by the Local Planning Authority indicates that the petitioner has constructed the building in question in deviation of the approved plan. There is an appellate remedy available to the petitioner under the Town and Country Planning Act.

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4.There are no reasons made out by the petitioner to bypass the statutory remedy available to him. We, therefore dismiss the Writ Petition on the ground of availability of alternative remedy. No costs. Consequently, connected miscellaneous petitions are closed.

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Sd/-

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Assistant Registrar(CS-III)

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/True Copy/

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Sub Assistant Registrar

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The District Collector, Tiruchirapalli District, Collectorate,

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Tiruchirapalli -1

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+1cc to Mr.T.Lajapathi Roy, Advocate SR.No.65734 +1cc to The Spl.Government Pleader SR.No.66093

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MR/RR

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VB/GT/SAR2/08/08/2017/2P/4C

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https://hcservices.ecourts.gov.in/hcservices/

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ORDER MADE IN W.P.(MD)No.3276 of 2017 14.07.2017

K.Visweswaran, v. the Member Secretary

Case brief

What is this about?

What did the court decide?

K.Visweswaran, v. the Member Secretary

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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