Dr.Krishna Baba Vs the Commissioner — Writ and Judicial Review | Madras HC (2025)

Dr.Krishna Baba Vs the Commissioner — Writ and Judicial Review | Madras HC (2025)

What the court decided

AI extract

Outcome

Writ petition disposed of with all issues left open to the revisional authority under Section 80-A; liberty to press the stay application (to be decided preferably within three weeks); protective umbrella conditioned on submitting the order copy to the revisional authority within five days; learned counsel for the Corporation stated the de-occupation notice shall not be given effect to for three weeks; no order as to costs; interim application closed.

Issue for consideration

Whether a writ of certiorari should issue calling for the records and quashing the de-occupation notice bearing Notice no.Div174/011/2025 dated 07.07.2025 on the file of the 4th respondent as arbitrary, illegal and unconstitutional. +1 more

Court's answer

Since the petitioner has already approached the revisional authority, the Court leaves all the issues open for being considered by the revisional authority in the proceedings under Section 80-A of the Act; the Court itself does not adjudicate the validity of the de-occupation notice.

Ratio / Principle

The petitioner may press his application for stay before the revisional authority on stated grounds of urgency, and if done, the revisional authority shall decide the stay application as early as possible, preferably within three weeks.

Key takeaways

The petitioner shall submit a copy of this order before the revisional authority within five days, failing which the protective umbrella shall lose its efficacy.ratio¶32

Detailed headnote1 paragraphs

High Court of Judicature at Madras (order by Chief Justice Manindra Mohan Shrivastava, with Justice G.Arul Murugan on the Bench) disposed of WP No.33984 of 2025 (with WMP No.38138 of 2025) filed by Dr.Krishna Baba under Article 226 seeking a writ of certiorari to quash a de-occupation notice no.Div174/011/2025 dated 07.07.2025 issued by the Assistant Engineer, Division-174, Greater Chennai Corporation (4th respondent), as arbitrary, illegal and unconstitutional. Because the petitioner had already challenged the notice before the revisional authority under Section 80-A of the Tamil Nadu Town and Country Planning Act, 1971, the Court left ALL ISSUES OPEN for the revisional authority and declined to decide the validity of the notice. The petitioner was permitted to press his stay application on stated grounds of urgency, to be decided preferably within three weeks; he was directed to submit a copy of the order to the revisional authority within five days, failing which the protective umbrella loses efficacy. The Court recorded learned counsel for the Corporation's statement that the de-occupation notice shall not be given effect to for three weeks. Petition disposed of, no costs, interim application closed. The legality of the notice remains undecided by this Court; no precedent was cited and no substantive holding on planning law was rendered.

WP No.33984 of 2025

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 10.09.2025

CORAM

THE HON'BLE MR.MANINDRA MOHAN SHRIVASTAVA,

CHIEF JUSTICE

AND

THE HON'BLE MR.JUSTICE G.ARUL MURUGAN

WP No.33984 of 2025 and WMP No.38138 of 2025

Dr.Krishna Baba

.. Petitioner

-vs-

The Commissioner, Greater Chennai Corporation, Ripon Building, Chennai 600 003.

The Executive Engineer-I, Zone-XIII, Greater Chennai Corporation, Adyar, Chennai 600 020.

The Assistant Executive Engineer, Unit-38, Greater Chennai Corporation, Adyar, Chennai 600 020.

The Assistant Engineer, Division-174, Greater Chennai Corporation, Adyar, Chennai 600 020.

.. Respondents

Prayer: Petition filed under Article 226 of the Constitution of India for

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WP No.33984 of 2025

issuance of a Writ of Certiorari to call for the records pertaining to the impugned order bearing Notice no.Div174/011/2025 dated 07.07.2025

on the file of the 4th respondent and quash the same as arbitrary, illegal and unconstitutional.

For Petitioner : Mr.T.Mohan Senior Counsel for Mr.Abhinav Parthasarathy For Respondents : Mr.A.Arun Babu Standing Counsel * * * * *

ORDER

(Order of the Court was made by the Hon'ble Chief Justice)

Having challenged the de-occupation notice dated 07.07.2025 before the revisional authority under Section 80-A of the Tamil Nadu Town and Country Planning Act, 1971, the petitioner has filed this petition seeking indulgence.

As the petitioner has already approached the revisional authority, we leave all the issues open for being considered by the

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WP No.33984 of 2025

revisional authority in the proceedings under Section 80-A of the Act. It will be open for the petitioner to press his application for stay on any stated grounds of urgency. If that is done, the revisional authority shall decide the stay application as early as possible, preferably within three weeks from today. The petitioner shall submit a copy of this order before the revisional authority within a period of five days from today. If this is not submitted in five days, protective umbrella shall lose its efficacy.

Learned counsel for the Corporation says that for a period of three weeks from today, the de-occupation notice shall not be given effect to.

Petition is, accordingly, disposed of. There shall be no order as to costs. Consequently, the interim application stands closed.

(MANINDRA MOHAN SHRIVASTAVA, CJ.) (G.ARUL MURUGAN, J.) 10.09.2025 Index : Yes/No Neutral Citation : Yes/No

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WP No.33984 of 2025

sra

THE HON'BLE CHIEF JUSTICE AND G.ARUL MURUGAN, J.

(sra)

To

The Commissioner, Greater Chennai Corporation, Ripon Building, Chennai 600 003.

The Executive Engineer-I, Zone-XIII, Greater Chennai Corporation, Adyar, Chennai 600 020.

The Assistant Executive Engineer, Unit-38, Greater Chennai Corporation, Adyar, Chennai 600 020.

The Assistant Engineer, Division-174, Greater Chennai Corporation, Adyar, Chennai 600 020.

WP No.33984 of 2025

10.09.2025

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