Judgments
Judgments
  1. Home
  2. /
  3. Madras High Court
  4. /
  5. 2017
  6. /
  7. January

M.Mohamed Muthahar vs The District Collector

Madras High Court|01 March, 2017

JUDGMENT / ORDER

[Order of the Court was made by A.SELVAM, J.] This writ petition has been filed under Article 226 of the Constitution of India praying to call for records relating to the order dated 18.09.2015 and consequential order dated 27.01.2017 passed by the second respondent and quash the same, by way of issuing a writ of certiorari.
2.Mr.M.Govindan, learned Special Government Pleader, has taken notice for the respondents.
3.It is seen from the records that in the impugned notices issued by the second respondent period of three and fifteen days has been given.
4.The learned senior counsel appearing for the petitioner has contended that as per Section 56 of the Tamil Nadu Town and Country Planning Act, 1971, thirty days notice is required.
5.Since in the impugned notices the period mentioned is three and fifteen days and since the same is not in consonance with the provisions of Section 56 of the said Act, this Court is of the view that the impugned orders passed by the second respondent are liable to be quashed.
6.In fine, this writ petition is allowed without costs and the impugned orders dated 18.09.2015 and 27.01.2017 issued by the second respondent are quashed. However the second respondent is at liberty to issue a fresh notice to the petitioner as contemplated under Section 56 of the Tamil Nadu Town and Country Planning Act, 1971. Consequently, connected Miscellaneous Petitions are closed.
To
1.The District Collector, Trichy District, Tiruchirapalli.
2.The Member Secretary, Tiruchirapalli Local Planning Authority, No.10 Williams Road, 2nd Floor, Contonment, Tiruchirapalli ? 01..
Disclaimer: Above Judgment displayed here are taken straight from the court; Vakilsearch has no ownership interest in, reservation over, or other connection to them.
Title

M.Mohamed Muthahar vs The District Collector

Court

Madras High Court

JudgmentDate
01 March, 2017