High CourtsDivision Bench(2019) 04 MAD CK 0019

Keshav Chats vs State Of Tamil Nadu & Others

Madras High Court · Decided on 1 April 2019

HON’BLE JUDGES
Vijaya K. Tahilramani, CJ · M. Duraiswamy, J
RESULT
Disposed Off
CASE NUMBER
Writ Petition No. 4626 Of 2019, Writ Miscellaneous Petition No. 5236 Of 2019

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Judgment

6 paragraphs · 245 words

Duraiswamy, J

1.

Heard the learned counsel for the petitioner and Mr.V.Jayaprakash Narayanan, learned Government Pleader (i/c.) for respondent no.1 and Mr.V.C.Selvasekaran, learned Standing Counsel for respondent nos.2 to 4.

2.

The petitioner has challenged the Locking and Sealing notice issued under Section 56(2) Sub-Clause (iii) and (2A) of the Tamil Nadu Town and Country Planning Act, 1971, dated 23.01.2019. When the an efficacious alternate remedy is available to the petitioner under Section 80-A of the said Act, without resorting to the alternate remedy, the petitioner has filed this writ petition. In such circumstances, we are not inclined to entertain the writ petition.

3.The learned counsel appearing for the petitioner submitted that he is restricting his prayer to direct the first respondent to dispose of the appeal filed on 23.05.2017 challenging the Locking and Sealing notice issued under the said Act dated 09.05.2017, at an early date.

4.The learned Government Pleader (i/c.) has produced a letter dated 01.03.2019 sent to the Government Advocate by the Additional Secretary, Housing and Urban Development Department, Chennai, to the effect that the appeal dated 23.05.2017 would be disposed of within a period of two months. Further, the learned counsel appearing for the petitioner submitted that the petitioner would pursue the appeal dated 23.05.2017 before the first respondent.

For the reasons stated above, we do not find any reason to keep the writ petition pending. Accordingly, the writ petition is closed. No costs. Consequently, W.M.P.No.5236 of 2019 is also closed.