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Madras High CourtWP/2845/2010closed

R.Kaliappan v. The President/Executive

2019-07-16Honourable Mr Justice M.Dhandapani2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 16.07.2019

CORAM

THE HON'BLE MR.JUSTICE M.DHANDAPANI W.P.No.2845 of 2010 and M.P.No.1 of 2010

1. R.Kaliappan

2. S.Selvaraj

3. P.Selvam

4. P.Ayyaswamy

5. K.Elavarasan ... Petitioners Vs.

The President/Executive Officer, No.11, Chettypalayam Panchayat, Tiruppur Taluk, Tiruppur District.

... Respondent Prayer: Writ petition filed under Article 226 of the Constitution of India praying to issue writ of Certiorarified Mandamus calling for the records relating to the proceedings dated 29.01.2010 issued by the respondent and quash the same and consequently direct the respondent to accept the application submitted by the petitioners for approval of building plan and to assess the building comprised in S.F.No.231/1A and 231/1B, No.11, Chettipalayam Village Tiruppur for the purpose of property tax.

For Petitioner : M/s.G.Ethirajulu For Respondents : M/s.S.Anitha

ORDER

The prayer in the writ petition is to issue writ of Certiorarified Mandamus calling for the records relating to the proceedings dated 29.01.2010 issued by the respondent and quash the same and consequently direct the respondent to accept the application submitted by the petitioners for approval of building plan and to assess the building comprised in S.F.No.231/1A and 231/1B, No.11, Chettipalayam Village Tiruppur for the purpose of property tax.

2. The writ petitioners have challenged the order dated 29.01.2010 issued by the respondent President/Executive Officer, Chettypalayam Panchayat Tiruppur Taluk, Tiruppur district wherein the respondent has rejected the building plan approval. During the pendency of the writ petition the President/Executive Officer, Chettypalayam Panchayat Tiruppur Taluk, Tiruppur district was merged with Tiruppur Corporation but Tirupur Corporation was not added as a party in the present writ petition. Procedure for making the application for obtaining building plan approval has been completely changed. https://hcservices.ecourts.gov.in/hcservices/

3. In view of the above development the impugned order dated 29.01.2010 does not exist as on date, however liberty is granted to the petitioner to make a fresh application before the Tirupur Corporation Commissioner and if any application is filed Tirupur Corporation shall decide the matter in accordance with law.

4. Accordingly the writ petition stands closed. No costs. Connected miscellaneous petition is also closed. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar To The President/Executive Officer, No.11, Chettypalayam Panchayat, Tiruppur Taluk, Tiruppur District.

+1 cc to M/s.G.Ethirajulu,Advocate Sr.No.60377 W.P.No.2845 of 2010 and M.P.No.1 of 2010 SPD(C.O.) AKM/ 16.08.19/ 2P- 3C / https://hcservices.ecourts.gov.in/hcservices/