M.Kanimozhi v. The Tahsildar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated: 20.1.2023

CORAM

THE HONOURABLE Mr.JUSTICE N.SATHISH KUMAR and W.M.P.No.13464 of 2016 M.Kanimozhi ...

Petitioner Vs.

1 The Tahsildar Thiruporur Kanchipuram District.

2 The Deputy Director, Regional Town And Country Planning Authority, Chengleput Region, 124 GST Road, Chengleput-1 3 The President, Kayar Village Panchayat, Kanchipuram District ...

Respondents Prayer:- The Writ Petition is filed under Article 226 of the Constitution of India, seeking for a Writ of Certiorari, calling for the records relating to the impugned orders i) Mu.Mu.No.8261/2015/A1 dated 06.11.2015 and ii) Mu.Mu.No. 868/2016/A1 dated 24.03.2016 passed by the 1st respondent quash the same and consequently direct the respondents to grant planning permission / approval for the construction in S.No.1036/1B Kayar Village, Thiruporur Taluk, Kanchipuram District by considering the petitioner applications dated 15.07.2015, 10.08.2015 02.09.2015 and 08.03.2016.

For Petitioner : Ms.Adhishree For Respondents : Mr.N.Naveen Kumar, G.A.

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O R D E R

The petitioner has applied for No objection Certificate from the first respondent for construction of building in S.No.1036/1B, Kayar Village, Thiruporur Taluk, Kanchipuram District. The respondent having noticed that already construction was raised in the said property, rejected the application. Therefore, the petitioner has filed the instant writ petition before this Court.

2. The learned counsel appearing for the petitioner though challenging the impugned order passed by the first respondent, seeks indulgence of this Court to consider afresh the representation of the petitioner dated 08.03.2016 and pass appropriate orders.

3. Such view of the matter, this Court is of the view that the respondent shall consider afresh the representation made by the petitioner and pass appropriate orders. The petitioner shall give fresh representation to the first respondent within a period of 15 days from the date of receipt of copy of the order. On receipt of such representation, the first respondent shall consider the same and pass appropriate orders on merit and in accordance with law, within a period of one month thereafter, without being influenced by any stand taken by his predecessor in this regard.

4. With the above directions, the writ petition stands disposed off. No costs. Connected miscellaneous petition is closed. 20.1.2023 2/4

Speaking/Non Speaking order Index: Yes/No vaan To 1 The Tahsildar, Thiruporur Kanchipuram District. 2 The Deputy Director, Regional Town And Country Planning Authority, Chengleput Region, 124 GST Road, Chengleput-1 3 The President, Kayar Village Panchayat, Kanchipuram District 3/4

N.SATHISH KUMAR, J.

vaan and W.M.P.No.13464 of 2016 Dated: 20.1.2023 4/4