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2002 Supreme(Mad) 282

P.SHANMUGAM
Chennai Metropolitan Development Authority, represented by its Member Secretary, Gandhi Irwin Road, Chennai – Appellant
Versus
Abdur Rehman, Hotel Nest International, Chennai and another – Respondent


Advocates:
A.L.Somayajulu, Senior Counsel, for V.Perumal, for Petitioner. T.V.Ramanujam, Senior Counsel, for Respondent No.1 in C.R.P. No.4154 of 2001.
R.Mohan, N.Jayabalan, P.B.Ramanujam, K.Venkataraman, S.Suresh Kumar, S.Mohan, D.S.Rajasekaran, A.S. Kailasam, K.M. Venugopal, M.Balasubramanian, S.Sivaraman and P.Sukumar, for Respondents in the Suo Motu Revision.

ORDER: C.R.P. No.4154 of 2001 was preferred by the Chennai Metropolitan Development Authority against the interm order of injunction passed by the City Civil Court on the main plea that the suit filed against them is barred under Sec.101 of the Tamil Nadu Town and Country Planning Act, 1971 (hereinafter referred to as ‘the Act’). It was submitted on behalf of the petitioner at that time that inspite of this specific bar, about 700 suits are filed against the notices issued under the Act and interim orders obtained without reference to the maintainability of the suits. It was further submitted that in lieu of ex parte orders passed by various City Civil Courts, their whole object of providing an orderly planned development of the urban land is being defeated.

2. In the light of the above submission, a suo motu revision was taken by against those suits pending and the records were called for by an order dated 21.12.2001. Notices to the counsel appearing on behalf of the plaintiffs in those suits were ordered to be given on 8.3.2002 and the matter was since adjourned for hearing the counsel and ultimately, it was heard on 28.3.2002.

3. The main question that arises for consideration is








































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