LAWS(MAD)-2018-3-911

MR. A. MICHAEL Vs. EXECUTIVE ENGINEER AND OTHER

Decided On March 27, 2018
Mr. A. Michael Appellant
V/S
Executive Engineer And Other Respondents

JUDGEMENT

(1.) The petitioner has come forward with this writ petition challenging the notice under Sections 56 and 57 read with Section 85 of the Tamil Nadu Town and Country Planning Act, 1971.

(2.) It is seen from the impugned notice that the second floor at door No.54, Cathedral Road, Chennai-86 has been constructed deviating the sanctioned plan to an extent of 252 square meters.

(3.) The question as to whether the building is old one or the second floor alone has been constructed in violation of the sanctioned plan or whether there is any plan for the construction of the entire structure is a matter to be decided by the Appellate Authority in an appeal under Section 80A of the said Act. Since the petitioner has got an effective alternative remedy, we are of the view that the relief sought for by the petitioner cannot be granted.