Mrs.Pushpavalli Suresh Babhu v. The Government Of Tamilnadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 22.01.2024
CORAM
THE HON'BLE MR. JUSTICE P.D. AUDIKESAVALU Pushpavalli Suresh Babhu ... Petitioner -vs1. The Government of Tamil Nadu Rep. By Secretary to the Government Housing and Urban Development Department Secretariat, Fort St. George Chennai - 600 009.
2. The Director of Town and Country Planning Office of Directorate of Town and Country Planning II Floor, E & C Market Road Koyambedu, Chennai - 600107.
3. The Deputy Director of Town & Country Planning Office of Chengalpattu District Town and Country Planning Office No. 124, GST Road, Periyar Shopping Complex Chengalpattu - 603 001.
... Respondents Prayer:- Writ Petition filed under Article 226 of the Constitution of India, 1950, praying to issue a Writ of Mandamus, directing the First Respondent to consider the Appeal dated 11.06.2023 filed by the Writ Petitioner under Rule 17 of the Tamil Nadu Regularization of Unapproved Layouts and Plots Rules, 2017 against the Order 31.05.2023 in Na.Ka.No. 980/2023/Sema.3 passed by the Third Respondent relating to the property at Plot No. 193 at Survey No. 1/5
294/1B or Paramankeni Village in a manner known to law within a reasonable time-frame as may be fixed by the Court.
For Petitioner : Mr. Anish Gopi For Respondents : Mr. U.Baranidharan, AGP
O R D E R
Heard Mr. Anish Gopi, Learned Counsel for the Petitioner and Mr. U.Baranidharan, Learned Additional Government Pleader, who takes notice for the Respondents and perused the materials placed on record, apart from the pleadings of the parties.
2.
The grievance ventilated by the Petitioner is that she had made an application in Registration No. DTCP /P/0009354/2017 dated 11.09.2017 to the Third Respondent under Rule 5 of the Tamil Nadu Regularization of Unapproved Layouts and Plots Rules, 2017 (hereinafter referred to as 'the TNRULP Rules' for short) for regularization of the unapproved lay-out of her land measuring an extent of 13,332 sq.ft. situate at Plot No. 193 comprised in Survey No. 294/1B, Paramankeni Village (hereinafter referred to as 'the property' for short), but as it did not evoke any proper response, she has preferred appeal dated 11.06.2023 under Rule 17 of the TNRULP Rules before 2/5
the First and Second Respondents. Since no communication has been received thereafter from any of the Respondents relating to the matter, it has necessitated the filing of this Writ Petition.
3.
When the matter is taken up hearing today, Learned Additional Government Pleader appearing for the Respondents, on instructions from the Third Respondent, states that as the property of the Petitioner falls within the Coastal Regulatory Zone, it would have to be in conformity with the Coastal Zone Regulations of the Ministry of Environment and Forest under the Environment (Protection) Act, 1986, notified in the Gazette of Government of India Extraordinary, Part-II, Section 3, sub-section (ii), dated 06.01.2011 as per which the Petitioner would have to obtain 'no objection' certificate from the Coastal Zone Regulatory Authority and re-submit her application under the TNRULP Rules along with it.
4.
In view of the same, it shall be incumbent upon the Petitioner to take further steps in accordance with the said requirement, and nothing remains for further consideration in this Writ Petition. It is needless to add here that if the Petitioner still has any further grievance, she is not precluded from working out her remedies before the proper forum in the manner recognized by law. 3/5
In the result, the Writ Petition is disposed on the aforesaid observations. No costs.
22.01.2024 Index: Yes/No NCC: Yes/No Note: Issue order copy by 05.06.2024.
Maya To
1. The Secretary to the Government of Tamil Nadu Housing and Urban Development Department Secretariat, Fort St. George Chennai - 600 009.
2. The Director of Town and Country Planning Office of Directorate of Town and Country Planning II Floor, E & C Market Road Koyambedu, Chennai - 600107.
3. The Deputy Director of Town & Country Planning Office of Chengalpattu District Town and Country Planning Office No. 124, GST Road, Periyar Shopping Complex Chengalpattu - 603 001.
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P.D. AUDIKESAVALU, J.
Maya 22.01.2024 5/5