S. Sekar S/o Shri Senthamarai v. Joint Commissioner of HR & CE, Chennai
2025-07-03
N.ANAND VENKATESH
body2025
DigiLaw.ai
ORDER : 1. This writ petition has been filed challenging the impugned proceedings of the first respondent dated 18.6.2025, wherein orders have been passed under Section 78 of the HR and CE Act , directing the petitioner to vacate and hand over vacant possession of the property, failing which further proceedings will be initiated under Section 79 of the Act. 2. The main ground on which this writ petition has been filed is that the petitioner was not given sufficient opportunity and therefore there is violation of principles of natural justice. 3. A careful reading of the order passed by the first respondent shows that the parties were given opportunity and were heard and only thereafter orders have been passed. 4. As against the order passed by the first respondent, a writ petition cannot be entertained since the petitioner has an alternative remedy by means of a revision under Section 21 of the HR and CE Act . Without resorting to this alternative remedy, the petitioner has straight away filed the present writ petition and therefore this Court is not inclined to entertain the writ petition. 5. In view of the above, liberty is granted to the petitioner to file a revision petition before the Commissioner, HR and CE Act and work out his remedy in the manner known to law. This writ petition is disposed of in the above terms. No costs. Consequently, connected miscellaneous petition is closed. Registry to return the original impugned order to the petitioner to enable the petitioner to file the same before the Commissioner, HR and CE Department.