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Madras High CourtWP/2825/2021allowed

S.Castoury v. The Member Secretary

2021-02-10Honourable Mr Justice B.Pugalendhi2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10/2/2021 C O R A M THE HONOURABLE Mr.JUSTICE B.PUGALENDHI Writ Petition No.2825 of 2021 S.Castoury

...Petitioner

Vs The Member Secretary Puducherry Planning Authority Jawahar Nagar Boomianpet Puducherry.

...Respondent

Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of mandamus to direct the respondent to issue regularisation approval to the petitioner's plot bearing No.69 and reserve area situated at Odiampet Revenue Village comprised in R.S.No.96/5 based on the order dated 31/7/2019 vide No.4907/PPA/Z (Individual/plot)2019 issued by the respondent.

For petitioner ...

Mr.R.Kanmani For respondent ...

Mr.C.T.Ramesh Additional Government Pleader (Pondicherry)

O R D E R

This Writ Petition has been filed to direct the respondent to issue regularisation approval to the petitioner's plot, bearing No.69 and reserve area situated at Odiampet Revenue Village, comprised in R.S.No.96/5, based on the order, dated 31/7/2019, issued by the respondent.

2. The petitioner is said to have purchased the unapproved property, in the year 2006, by way of a sale deed. Government of Puducherry, vide, G.O.Ms.No.20/2017, dated 20/10/2017, has passed an order to regularise this unapproved plots. Vide proceeding, dated 31/7/2019, the respondent has directed the petitioner to remit a fee, within fifteen days, from the date of issue of that letter. The petitioner has taken a Demand Draft, https://hcservices.ecourts.gov.in/hcservices/

bearing Nos.971197 and 971198, dated 13/8/2019, drawn on State Bank of India, Lawspet Branch, for a sum of Rs.22,400/- and Rs.1,34,397/- respectively, and he has also submitted the same along with a representation. He has also made a reminder on 4/1/2021. Since the respondent has not acted upon on the petitioner's application, the petitioner has come forward with the present writ petition.

3. Considering the fact that the petitioner had remitted a sum of Rs.22,400/- and Rs.1,34,397/-, the required fee along with his application, this Court is inclined to direct the respondent to process the application of the petitioner, on merits.

4. Accordingly, the respondent is directed to consider the application of the petitioner, dated 31/7/2019, on merits and in accordance with law, within a period of four weeks, from the date of receipt of a copy of this order.

5. With the above direction, this writ petition is disposed of. No costs.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar mvs.

To The Member Secretary Puducherry Planning Authority Jawahar Nagar Boomianpet Puducherry.

+1 cc to M/s.R.Sreedhar , Advocate Sr.No. 7397 +1 cc to The Government Pleader Sr.No. 7767 Writ Petition No.2825 of 2021 KK(CO) RMP(01/03/202) https://hcservices.ecourts.gov.in/hcservices/