Madras High CourtWP/4600/2022disposed of

Vasan Che v. The District Collector

2022-06-06Honourable Mr Justice Abdul Quddhose3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 06.06.2022

CORAM

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE W.P.No.4600 of 2022 Vasan Che ... Petitioner Vs.

1.The District Collector, Master Plan Complex, Nagapattinam Road, Thiruvarur - 610 004.

2.The Revenue Divisional Officer, Mannargudi Taluk, Thiruvarur - 614 001.

3.The District Revenue Officer, Mannargudi Taluk, Thiruvarur - 614 001.

4.The Tahsildar, Theradi, Taluk Office Road, Mannargudi Taluk, Thiruvarur - 614 001.

5.Deputy Tahsildar, Mannargudi Taluk, Thiruvarur - 614 001.

6.The Director of Town and Country Planning, E&C Market Road, Koyembedu, Chennai - 600 107.

7.The Block Development Officer, Mannargudi Taluk, Thiruvarur - 614 001.

8.Mrs.Geetha, KJL TVS Motors, Near Indian Oil Petrol Station, Koradacheri Main Road, Lakshmangudi, Koothanallur - 614 102.

... Respondents

Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, directing the respondents 1 to 4 to consider the representation dated 02.09.2021 and abide by the Rules in G.O.(Ms).No.79 Housing and Urban Development [UD4(3)] Department dated 04.05.2017 in respect of 8th respondent application. For Petitioner : Mr.A.S.Ragul Adhithya For Respondents: Mr.B.Vijay, [R1 to R7] Additional Government Pleader

ORDER

In this Writ Petition, the petitioner is aggrieved by the grant of No Objection Certificate (NOC) in favour of 8th respondent.

2. It is submitted by the learned Additional Government Pleader appearing for the respondents 1 to 7 that the present Writ Petition is not maintainable in view of the fact that the petitioner has not challenged the NOCs issued in favour of 8th respondent but has only sought for a mandamus.

3. The learned counsel for the petitioner submits that the petitioner has not received the copy of the NOCs issued in favour of 8th respondent and only on receipt of the same, the petitioner will be in a position to challenge the same in the manner known to the petitioner under law.

4. The learned Additional Government Pleader appearing for the respondents 1 to 7 would submit that if a direction is issued by this Court, copies of the NOCs will be issued to the petitioner, within a time frame to be fixed by this Court.

5. After recording the rival submissions, this Writ Petition is disposed of, by directing the official respondents 1 to 7 to issue the NOCs granted in favour of 8th respondent which is the subject matter of the Writ Petition, within a period one

(1) week from the date of receipt of a copy of this order. On receipt of the said NOCs from the respondents 1 to 7, the petitioner is granted liberty to challenge the same in a manner known to the petitioner under law. No costs. Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar

Sni To 1.The District Collector, Master Plan Complex, Nagapattinam Road, Thiruvarur - 610 004.