← Library
Madras High CourtWP/1294/2024disposed of

T.Subramanian v. The Commissioner

2024-10-23Honourable Mr Justice G.K. Ilanthiraiyan4 pages

IN THE HIGH COURT OF JUDICATUE AT MADRAS

DATED: 23.10.2024

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN and W.M.P.No.1339 of 2024 1.T.Subramanian 2.Tmt.Malathi Subbu 3.T.Radhakrishnan 4.T.R.Pappa .. Petitioners Vs 1.The Commissioner, Coimbatore Municipal Corporation, Coimbatore-1.

2.The Member Secretary / Joint Director, Coimbatore District Town Planning, Coimbatore.

3.The Director, Town and Country Planning, Chennai - 2.

.. Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India seeking for issuance of a writ of mandamus directing the first respondent to issue layout approval by taking note of the consent order issued by the third respondent in Na.Ka.No.19422/2017/DP2-TCP-3, dated 18.10.2019 to the petitioners' land situated in S.No.216/2A1A to 1/4

the extent of 0.45 acres, S.No.217/1A1 to the extent of 0.72 1⁄2 acres, S.No.217/1A3 to the extent of 0.36 acres, S.No.363/2 to the extent of 0.56 acres and S.No.364/1A2 to the extent of 0.15 1⁄4 acres, totally 2.24 3⁄4 acres, Veerakeralam Village, Perur Taluk, Coimbatore District. For Petitioner : Ms.R.Hemalatha For R1 : Mr.D.Ferdinand, Standing Counsel For R2 : Mr.C.Kathiravan, Spl.GP

ORDER

The writ petition has been filed for a direction to the first respondent to grant layout approval by taking note of the consent order issued by the third respondent in Na.Ka.No.19422/2017/DP2-TCP-3, dated 18.10.2019 to the petitioners' land situated in S.No.216/2A1A to the extent of 0.45 acres, S.No.217/1A1 to the extent of 0.72 1⁄2 acres, S.No.217/1A3 to the extent of 0.36 acres, S.No.363/2 to the extent of 0.56 acres and S.No.364/1A2 to the extent of 0.15 1⁄4 acres, totally 2.24 3⁄4 acres, Veerakeralam Village, Perur Taluk, Coimbatore District.

2. It is seen from the counter affidavit filed by the second respondent that the second respondent has already granted technical 2/4

planning approval vide DTCP No.210/2022, Na.Ka.No.4045/2021, dated 24.06.2022, and the same was also forwarded to the first respondent for final approval. Therefore, this Court, without expressing anything on the merits of the matter, directs the first respondent to consider the application submitted by the petitioners seeking layout approval for S.No.216/2A1A to the extent of 0.45 acres, S.No.217/1A1 to the extent of 0.72 1⁄2 acres, S.No.217/1A3 to the extent of 0.36 acres, S.No.363/2 to the extent of 0.56 acres and S.No.364/1A2 to the extent of 0.15 1⁄4 acres, totally 2.

24 3⁄4 acres, situate at Veerakeralam Village, Perur Taluk, Coimbatore District, and pass appropriate orders in accordance with law, after conducting enquiry and taking note of the objections raised by the adjacent land owners and also taking note of the technical planning approval granted by the second respondent. The first respondent is directed to complete the said exercise within a period of eight weeks from the date of receipt of a copy of this order. With this direction, the writ petition stands disposed. No Costs. W.M.P.No.1339 of 2024 is ordered on payment of separate court fee.

23.10.2024 rkm 3/4

G.K.ILANTHIRAIYAN, J.

rkm To 1.The Commissioner, Coimbatore Municipal Corporation, Coimbatore-1.

2.The Member Secretary / Joint Director, Coimbatore District Town Planning, Coimbatore.

3.The Director, Town and Country Planning, Chennai - 2.

and W.M.P.No.1339 of 2024 23.10.2024 4/4