High CourtsDivision Bench(2005) 03 MAD CK 0099

Mrs. Sudha Vijayakumar vs The Member Secretary, Chennai Metropolitan Development Authority, The Commissioner, Corporation of Chennai, Rajendran and MGR Janaki Arts and Science College

Madras High Court · Decided on 18 March 2005

HON’BLE JUDGES
Markandey Katju, C.J · Prabha Sridevan, J
RESULT
Dismissed
CASE NUMBER
W.A. No. 558 of 2005

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Judgment

4 paragraphs · 169 words

Markandey Katju, C.J.—This writ appeal has been filed against the impugned judgment of the learned single Judge dated 20.10.2004. Heard the learned Counsel for the Appellant.

2.

The learned single Judge followed the earlier order dated 6.10.2004 passed by this Court in WPMP No. 23207 of 2004 in W.P. No. 19292 of 2004 by which order that writ miscellaneous petition was dismissed on the ground of locus standi.

3.

We are inclined to sustain the impugned order, but on an additional ground that the writ Petitioner/Appellant has a right of appeal u/s 79 or revision u/s 90 of the Tamil Nadu Town and Country Planning Act, 1971 against the planning permission dated 12.7.2004. Hence the writ petition should have been dismissed on the ground of alternative remedy. This Court should be strict on the point of alternative remedy, otherwise it will only be adding to its already overloaded docket.

4.

For the reasons given above the writ appeal is dismissed. Consequently WAMP No. 1056 of 2005 is also dismissed.