S.Pirayon v. The Directorate Of Town And

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATE: 08-04-2015

CORAM:

THE HONOURABLE MR. JUSTICE SATISH K. AGNIHOTRI AND THE HONOURABLE MR. JUSTICE M. VENUGOPAL W.P.No.10219 of 2015 and M.P.No.1 of 2015 1 S.Pirayon Partner M/s.J.P.S.Promoters No.7B Imperial Road Thirupathiripuliyur Cuddalore-2 Petitioner Vs 1 The Directorate of Town and Country Planning rep. by its Director Opp. LIC Chengalvarayan Building IV Floor NO.807 Anna Salai Chennai-2 2 The Member Secretary Cuddalore Local Planning Authority Cuddalore 3 The Commissioner Cuddalore Municipality Cuddalore Respondents Writ Petition filed under Article 226 of the Constitution of India praying for a writ of certiorari fied mandamus to call for the records of the impugned order in Na.Ka.No.183/2015/KaU T Ku dated 26.3.

2015 passed by the 2nd respondent herein and quash the same ad consequently direct the respondents to consider and pass order on the representation of the petitioner dated 3.3.2015 for approval of the revised plan For appellants :: Mr. K. Ramani, Senior Advocate for M/s. G.Muthukumar, K. Manimuthu Kumarasamy, Mannan For respondents:: Mr. P.S. Sivashanmughasundaram, Spl.Govt. Pleader for RR1 & 2 Mr. R. Vijayakumar for R3 https://hcservices.ecourts.gov.

ORDER

(Order of the Court was made by SATISH K. AGNIHOTRI,J.) With consent of both the parties, the writ petition is taken up for final hearing. The impugned order, dated 26-03-2015, is appeallable under provisions of the Tamil Nadu Town and Country Planning Act, 1971. The grievance of the petitioner is that the impugned order has been passed without considering his case in proper perspective, which could be examined only by the appellate authority. However, having regard to the fact-situation, we grant status quo for a period of one week and the petitioner shall seek the interim relief as permissible under provisions of law, before the appellate authority. With these observations, the writ petition stands disposed of. No costs. The connected miscellaneous petition is also closed.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar glp To 1 The Director, The Directorate of Town and Country Planning, Opp. LIC Chengalvarayan Building IV Floor, NO.807 Anna Salai, Chennai-2 2 The Member Secretary Cuddalore Local Planning Authority Cuddalore 3 The Commissioner Cuddalore Municipality Cuddalore + 2 ccs to Mr.G.Muthukumar, Advocate Sr.19191 W.P.No.10219 of 2015 and M.P.No.1 of 2015 DT(CO) Eu 15.04.15 https://hcservices.ecourts.gov.in/hcservices/