Writ petition challenging a deoccupation notice under TN Town and Country Planning Act rejected as exparte in appeal proceedings. The appeal filed under Section 80-A was rejected, leaving no substantive question for adjudication.
Writ Petition closed. No costs.
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W.P.No.23850 of 2018
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 09.08.2023
CORAM
THE HONOURABLE Mrs.JUSTICE J.NISHA BANU
and
THE HONOURABLE Mrs.JUSTICE N.MALA
W.P.No.23850 of 2018 and
W.M.P.No.27790 of 2018
S.Kumari
...Petitioner
vs
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W.P.No.23850 of 2018
5. M.Francis,
S/o Late Michael
6. C.Santhakumar, S/o Chokkalingam. ... Respondents
Writ Petition filed under Article 226 of the Constitution to issue a Writ of Certiorarified Mandamus to call for the records relevant to the impugned notice in letter No.12/00003/2018 dated 23.08.2018 issued by the respondent Nos.2 to 4 and quash the same and consequently direct the 1st respondent to pass appropriate orders on the regularize appeal dated 04.05.2018 filed by the petitioner.
For Petitioner : Mr.T.Sundaravadanam For Respondents : Mr.P.Gurunathan, Additional Government Pleader for R1 Mr.R.Arunmozhi, Standing Counsel for R2 to R4 Mr.T.Ramachandran for R5
O R D E R
This Writ Petition has been filed challenging the impugned notice in letter dated 23.08.2018 issued by the respondent Nos.2 to 4 and consequently, direct the 1st respondent to pass appropriate orders on the
appeal dated 04.05.2018 filed by the petitioner.
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W.P.No.23850 of 2018
W.P.No.23850 of 2018
to set aside exparte decree was filed which was allowed on 07.04.2016 and the suit was restored and since no steps were taken by 5th respondent, it was dismissed for default on 21.06.2018. The 5th respondent wanted to purchase the property of the petitioner at any cost. When the petitioner' husband started construction in June 2004 and completed in November 2004, the respondents 3 & 4 issued stop work notice, calling for approved plan on 16.04.2018 and thereafter, lock and seal and demolition notice dated 25.04.2018 was served as if the construction was made only now. Against which, appeal dated 04.05.2018 was filed before the 1st respondent. The deoccupation notice dated 23.08.2018 was issued by the respondents 2 to 4 pending appeal and for no reason, the petitioner is directed to vacate the property. Hence, the present writ petition.
W.P.No.23850 of 2018
the present writ petition. Therefore, recording the submission made by the learned counsel for the petitioner, the Writ Petition stands closed. No costs. Consequently, connected miscellaneous petition is also closed.
(J.N.B.,J.)
(N.M.,J.) 09.08.2023 Index:Yes/No Speaking/Non-speaking order vsi
To
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W.P.No.23850 of 2018
J.NISHA BANU,J. and N.MALA,J.
vsi
W.P.No.23850 of 2018
09.08.2023
2 provisions across 2 enactments
S.Kumari
The Secretary to Government, Housing & Urban Development Department
The Executive Engineer, Corporation of Greater Chennai
The Assistant Executive Engineer, Corporation of Greater Chennai
The Assistant Engineer, Corporation of Greater Chennai
J.NishA Banu
N.Mala
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
