Case Note & Summary
The petitioners, Dr. D. Tamilarasan and Dr. D. Anbarasan, filed a writ petition under Article 226 of the Constitution of India before the Madurai Bench of the Madras High Court, challenging a notice dated 30.12.2024 issued by the Commissioner of Tenkasi Municipality (second respondent) under Section 56(1) of the Tamil Nadu Town and Country Planning Act, 1971. The notice directed removal of unauthorized construction in a hospital building situated at 294A, Keela Mutharamman Kovil Street, Tenkasi. The petitioners sought a writ of certiorari to quash the notice as illegal and arbitrary. The court observed that the Act provides a statutory appeal remedy under Section 80-A to the Government against an order under Section 56(1). Relying on the principle that writ jurisdiction should not be exercised when an effective alternative remedy exists, the court declined to entertain the petition on merits. However, to protect the petitioners' interests, the court granted them liberty to file an appeal before the first respondent (Principal Secretary, Town and Country Planning Department) within one week from the date of receipt of the order. Until that period, the respondents were directed not to take any coercive action to disturb the petitioners' possession over the subject property. The writ petition was disposed of with no order as to costs, and the connected miscellaneous petition was closed.
Headnote
A) Constitutional Law - Alternative Remedy - Writ Jurisdiction - Article 226 of the Constitution of India - Where a statute provides an effective alternative remedy, the High Court ordinarily should not entertain a writ petition challenging an order passed under that statute - The Court held that since the Act provides an appeal remedy under Section 80-A against an order under Section 56(1), it would not be appropriate to entertain the writ petition - The petitioner was granted liberty to file an appeal within one week, with interim protection of possession till then (Paras 4-6).
Issue of Consideration
Whether a writ petition challenging a notice under Section 56(1) of the Tamil Nadu Town and Country Planning Act, 1971 should be entertained when an alternative statutory remedy of appeal under Section 80-A of the Act is available.
Final Decision
The writ petition was disposed of with liberty to the petitioner to file an appeal under Section 80-A of the Tamil Nadu Town and Country Planning Act, 1971 before the first respondent within one week from the date of receipt of a copy of the order. Till such time, the respondents were directed not to take any coercive action to disturb the petitioner's possession over the subject land. No order as to costs. Connected miscellaneous petition closed.
Law Points
- Existence of alternative remedy
- statutory appeal
- Section 56(1) notice
- Section 80-A appeal
- writ petition not maintainable
- interim protection of possession
