LAWS(MAD)-2005-3-88

SUDHA Vs. MEMBER SECRETARY

Decided On March 18, 2005
SUDHA Appellant
V/S
MEMBER SECRETARY Respondents

JUDGEMENT

(1.) THE Hon'ble Chief Justice: 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 under section 79 or revision under section 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.