K.V.Munusamy, v. The Principal Secretary,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 13.03.2018
CORAM
THE HONOURABLE MR.JUSTICE K.RAVICHANDRABAABU Writ Petition Nos.3216 to 3218 of 2018 K.V.Munusamy .... Petitioner in W.P.No.3216/2018 K.G.Arunagiri .... Petitioner in W.P.No.3217/2018 K.V.Natarajan .... Petitioner in W.P.No.3218/2018 Vs.
1. The Principal Secretary, Housing and Urban Development Department, Fort St.George, Secretariat, Chennai - 600 009.
2. The Member Secretary, Chennai Metropolitan Development Authority, Thalamuthu Natarajar Building, Gandhi Erwin Road, Egmore, Chennai - 600 008.
3. The Collector, Thiruvallur, Thiruvallur District. ...Respondents in all the W.Ps. Prayer in W.P.No.3216/2018: Writ petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus to direct the 1st and 2nd respondents to consider the petitioner's representation dated 22.12.2017 related to his application for reclassification of his lands situated in S.Nos.484/4, 472/3, 316/11, 311/11, 264/3A, 260/5, 261/6 and 115 Part and measuring a total extent of 9.5 Acre in Vellanur Village, Avadi Taluk, Thiruvallur District from "Red Hills Catchment Area" to "Primary Residential/ Mixed Residential Zone". Prayer in W.P.No.3217/2018: Writ petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus to direct the 1st and 2nd respondents to consider the petitioner's representation dated 22.12.2017 related to his application for reclassification of his lands measuring a total extent of 14.48 Acre and comprised in S.Nos.473/1, 472/5, 263/1, 114/1A, 472/4, 473/2 and 264/1A situated in Vellanur Village,
Avadi Taluk, Thiruvllur District from "Red Hills catchment Area"to "Prima "Primary Residential/ Mixed Residential Zone". Prayer in W.P.No.3218/2018: Writ petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus to direct the 1st and 2nd respondents to consider the petitioner's representation dated 22.12.2017 related to his application for reclassification of his lands situated in S.Nos.293/7, 472/3, 264/3A, 261/4, 261/1, 265/5, 114/2, 259/1, 259/3, 260/1 and 115 part and measuring a total extent of 9.79 Acre in Vellanur Village, Avadi Taluk, Thiruvallur District from "Red Hills Catchment Area"to "Primary Residential/ Mixed Residential Zone".
For Petitioners : Mr.M.R.Jothimanan for Mr.K.Balu For Respondents : Mr.D.Suriyanarayanan, Additional Government Pleader for R1 & R3 Mr.C.Johnson, Standing Counsel for R2.
COMMON ORDER The petitioners seek for a Mandamus to direct the 1st and 2nd respondents to consider their representation dated 22.12.2017 related to their applications for reclassification of their lands situated in (i) S.Nos.484/4, 472/3, 316/11, 311/11, 264/3A, 260/5, 261/6 and 115 Part and measuring a total extent of 9.5 Acre; (ii) S.Nos.473/1, 472/5, 263/1, 114/1A, 472/4, 473/2 and 264/1A measuring a total extent of 14.48 Acre and (iii) S.Nos.293/7, 472/3, 264/3A, 261/4, 261/1, 265/5, 114/2, 259/1, 259/3, 260/1 and 115 part and measuring a total extent of 9.79 Acre respectively in Vellanur Village, Avadi Taluk, Thiruvallur District from "Red Hills Catchment Area" to "Primary Residential/ Mixed Residential Zone".
2. Heard the learned counsel for the petitioners, learned Additional Government Pleader appearing for the 1st and 3rd respondents and the learned Standing Counsel appearing for the 2nd respondent.
3. The grievance of the petitioners is that the said representation has not been considered so far. This Court, at this stage, is not expressing any view on the merits of the claim made by the petitioner as it is for the 2nd respondent to consider and decide the same after hearing all the parties concerned. Therefore, these writ petitions are disposed of by directing the 2nd respondent to consider the representation of the petitioners dated 22.12.2017 and pass orders on the same on
merits and in accordance with law, after hearing the all the parties concerned. Such exercise shall be done by the 2nd respondent within a period of eight weeks from the date of receipt of a copy of this order. It is open to the petitioner to place all the materials in support of their claim before the 2nd respondent at the time of enquiry. No costs. Sd/- Assistant Registrar(CS IX) //True Copy// Sub Assistant Registrar vsi
1. The Principal Secretary, Housing and Urban Development Department, Fort St.George, Secretariat, Chennai - 600 009.
2. The Member Secretary, Chennai Metropolitan Development Authority, Thalamuthu Natarajar Building, Gandhi Erwin Road, Egmore, Chennai - 600 008.
3. The Collector, Thiruvallur, Thiruvallur District.
+3ccs to Mr.K.Balu, Advocate, S.R.No.18769, 18770, 18771 +3ccs to Mr.C.Johnson, Advocate, S.R.No.18965, 18964, 18966 +1cc to the Government Pleader, S.R.No.19265 W.P.Nos.3216 to 3218 of 2018 CS/20/03/18