B.Murali Naarasiman v. The Commissioner And Director Of
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 09.02.2023
CORAM
THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR B. Murali Narasiman .. Petitioner -vs1.The Commissioner and Director of Town and Country Planning, 2, 3, 4 Floors E & C Market Road, CMDA Campus, Koyambedu, Chennai - 107.
2.The Commissioner of Coimbatore Corporation, Big Bazaar Street, Coimbatore - 1.
3.The Joint Director Member Secretary (Incharge), Coimbatore Town & Country Planning Office of Coimbatore Corporation, Dr. Nanjappa Road, Coimbatore - 641 018.
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4.The Town and Country Planning Officer, Coimbatore Corporation, Big Bazaar Road, Coimbatore - 641 001.
.. Respondents Prayer: Petition filed under Article 226 of Constitution of India to issue a Writ of Mandamus directing the 2 nd respondent to grant building permit and executive sanction for the planning permission given by the 1 st and 3 rd respondents on petitioner's on-line application No.162/CP/22-23/0129911, dated 29.11.2022 on the basis of petitioner's representation dated 29.12.2022. For Petitioner : Mr.S.Venkatesh For R-1 : Mr.K.M.D.Muhilan Additional Government Pleader For RR-2 to 4 : Mr.N.Velmurugan (Coimbatore Corporation) O R D E R This writ petition has been filed for issuance of a Writ of Mandamus directing the second respondent to grant building permit and executive sanction for the planning permission given by the first and third respondents on petitioner's on-line application No.162/CP/22-23/0129911, dated 29.11.2022 on the basis of the petitioner's representation dated 29.12.2022.
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2. This Court, on 31.01.2023, had passed the following orders: "The difficulty expressed by the learned counsel appearing for the respondents is that though scheme road has been deleted in the revenue records, in the computer chitta, the name of the Corporation is appearing.
2. Whereas, the learned counsel appearing for the petitioner would submit that he has already given an application to correct the same and he will give one more application to the Tahsildar tomorrow. On such application being given, correction shall be effected immediately, since the scheme road has been removed from the development plan. Once the patta is corrected, the computer entries should also be corrected. For reporting compliance, post on 09.02.2023."
3. Today, when the matter is taken up for hearing, it is submitted by the learned counsels appearing on either side that the mistake crept in the application is now set right and the plan has been submitted for approval.
4. Learned counsels appearing for the respondents would submit that they will consider the petitioner's application and grant executive sanction within a period of four weeks.
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5. In such view of the matter, the second respondent is directed to grant building permission and executive sanction to the petitioner as per the Rules for construction of a school building, within a period of three weeks from the date of receipt of a copy of this order.
6. With the above directions, this writ petition is disposed of. No costs.
09.02.2023 Index : Yes/no Speaking order : Yes/No rsi To 1.The Commissioner and Director of Town and Country Planning, 2, 3, 4 Floors E & C Market Road, CMDA Campus, Koyambedu, Chennai - 107.
2.The Commissioner of Coimbatore Corporation, Big Bazaar Street, Coimbatore - 1.
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3.The Joint Director Member Secretary (Incharge), Coimbatore Town & Country Planning Office of Coimbatore Corporation, Dr. Nanjappa Road, Coimbatore - 641 018.
4.The Town and Country Planning Officer, Coimbatore Corporation, Big Bazaar Road, Coimbatore - 641 001.
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N.SATHISH KUMAR , J.
rsi 09.02.2023 6/6