S.Tamilarasi v. The State Of Tamilnadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 30.01.2024
CORAM:
THE HON'BLE MS. JUSTICE R.N. MANJULA W.P. No.1646 of 2024 S. Thamilarasi Petitioner v The State of Tamil Nadu represented by the Secretary to Government Housing & Urban Development [UD4(3)] Department Fort St. George Chennai The Director of Town Panchayat 75, Santhome High Road Urban Administrative Building MRC Nagar Chennai 600 028 The Executive Officer Angalakuruchi Village Anamalai Pollachi Taluk Coimbatore District The Block Development Officer Angalakuruchi Village Anamalai Pollachi Taluk Coimbatore District The Sub Registrar Anaimalai Registration Office Pollachi Taluk Coimbatore District Respondents 1/6
Writ Petition filed under Article 226 of the Constitution of India seeking a writ of mandamus directing the first respondent to consider the petitioner's representation and direct the second respondent to permit the petitioner to apply through online portal for regularisation of the unsold plots by unblocking the Angalakuruchi Village, Pollachi Taluk, Coimbatore District, in the portal for regularisation of the unsold plots covered under S.F. No.206 and S.F. No.208/B and bearing Plot No.28 in New Golden City Layour and Plot Nos.38,39,104, 107 and 111 in S.S. Avenue Layout, Angalakuruchi Panchayat, Pollachi Taluk, Coimbatore District, subject to the conditions laid down in the Tamil Nadu Regularisation of Unapproved Layouts and Plots in Hill Areas, 2020, within a time frame. For petitioner Mr. P.R. Krishnaraj For R1 Mr. G. Nanmaran Special Government Pleader For R4 Mr. S. Jayachandran
ORDER
The petitioner has addressed a representation dated 03.10.2023 to the first respondent to consider her request for regularisation of house sites in S.F.No.206 and 208/B bearing Plot No.28 in New Golden City Layout and Plot Nos.38,39,104,107 and 111 in S.S. Avenue Layout, Angalakuruchi Panchayat, Pollachi Taluk, Coimbatore District, in accordance with G.O.(Ms.) No.118, Housing and Urban Development Department dated 04.09.2023.
2/6
The learned counsel for the petitioner submitted that neither the petitioner's aforesaid representation has been considered nor the petitioner is able to get access to the online portal for submitting her application for regularisation.
However, the learned Special Government Pleader appearing for the first respondent submitted that the sites which the petitioner intends to get regularised, fall within the Tiger Reserve area. But, it is learnt that the petitioner was able to sell the plots adjacent to the remaining sites in the same layout and only in view of the subsequent Government Order issued for regularisation of the unapproved plots, she had sent the aforesaid representation. No notice has been given to the petitioner before considering the property to be brought under Tiger Reserve area. But, it is now learnt that action has been initiated on the representation given by the petitioner and the fourth respondent has addressed a letter way back in December 2020 in Na.Ka.No.1427/2020/M1, to the District Forest Officer, Tiger Reserve, Pollachi, seeking no objection, but, the said District Forest Officer has not given any reply to the letter of the fourth respondent. 3/6
Now that the Government has initiated action on the petitioner's representation, but, owing to the inaction on the part of the District Forest Officer, Tiger Reserve, Pollachi (who is not a party to this proceedings) in respect of issuance of No Objection Certificate, the file is pending with him, this Court impresses upon the fourth respondent to send a reminder to the District Forest Officer, Tiger Reserve, Pollachi, and insist upon him to send his reply at the earliest. In the event of failure on the part of the District Forest Officer, Tiger Reserve, Pollachi, to come out with any response, the fourth respondent shall continue to take further action on the petitioner's representation dated 03.10.2023 and pass appropriate orders without making further delay.
This writ petition stands disposed of with the above direction. Costs made easy.
30.01.2024 cad Note:
The Registry is directed to mark a copy of this order to the District Forest Officer, Tiger Reserve, Meenkarai Road, Pollachi, though the said authority is not a party in this writ petition. 4/6
To The Secretary to Government Housing & Urban Development [UD4(3)] Department Government of Tamil Nadu Fort St. George Chennai The Director of Town Panchayat 75, Santhome High Road Urban Administrative Building MRC Nagar Chennai 600 028 The Executive Officer Angalakuruchi Village Anamalai Pollachi Taluk Coimbatore District The Block Development Officer Angalakuruchi Village Anamalai Pollachi Taluk Coimbatore District The Sub Registrar Anaimalai Registration Office Pollachi Taluk Coimbatore District The District Forest Officer Tiger Reserve Meenkarai Road Pollachi 5/6
R.N. MANJULA, J.
cad W.P. No.1646 of 2024 30.01.2024 6/6