K.Devarajan v. The Director Of Town And
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 06.03.2023
CORAM
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM and M.P.No.1 of 2015 K.Devarajan
...Petitioner
Vs.
1.The Director of Town and Country Planning, No.807, Anna Salai, Chennai - 600 002.
2.Deputy Director of Town and Country Planning, Coimbatore Division, Corporation Commercial Complex, Dr.Nanjappa Road, Coimbatore - 641 018.
3.The Executive Officer, Karamadai Town Panchayat, Mettupalayam Taluk, Coimbatore District - 641 301.
..Respondents Prayer : Writ Petition filed Under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, calling for the records relating to the order of the 1st respondent herein in Na.Ka.No.12973/ 2015LA2 dated 10.7.2015 and consequential order of the 2nd respondent in 1/5
Na.Ka.No.2296/2015 Koma dated 27.7.2015 and quash the same and consequently direct the respondents herein to pass suitable orders as sought for in the representation dated 27.6.2015 by either including the petitioner's Plot No.125, Manikandan Nagar in S.F.No.241/1 & 2, Karamadai Town Panchayat with Manikandan Nagar or Royal Garden Layouts or to approve his Plot by applying G.O.Ms.No.59, Municipal Administration and Water Supplies Department dated 25.7.2006.
For Petitioner : Mrs.Vijayakumari Natarajan For R1 & R2 : Mr.S.Ravichandran Additional Government Pleader For R3 : Not ready in notice
ORDER
The writ petition has been filed, challenging the order dated 10.07.2015 issued by the 1st respondent and the consequential order dated 27.07.2015 issued by the 2nd respondent and to pass suitable orders, considering the representation submitted by the writ petitioner on 27.06.2015 to approve the plot.
2. Approval of plots are to be granted only in accordance with the rules in force.
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3. The learned Additional Government Pleader appearing on behalf of the respondents 1 and 2 made a submission that the petitioner sought for to regularize the plot and approve the same. Since there is no rules during the relevant point of time to approve the plot in that locality, the representation submitted by the writ petitioner was rejected through the impugned order dated 10.07.2015.
4. Now, ten (10) years had lapsed. Thus, this Court is of the considered opinion that if at all there is any scheme for regularization or approval of plots or otherwise in force, then the petitioner is at liberty to make a fresh application.
5. As far as the orders impugned are concerned, the respondents 1 and 2 have stated that there was no rules during the relevant point of time, which need not be adjudicated in the present writ petition at this length of time.
6. Regularization or approval of plots are to be granted scrupulously by following the procedures and the law in force. Since the representation of the writ petitioner was already rejected, there is no scope for further 3/5
adjudication in the present writ petition.
7. Accordingly, the writ petition stands dismissed. No costs. Consequently, connected miscellaneous petition is closed. 06.03.2023 (2/2) Index : Yes Speaking order kak To 1.The Director of Town and Country Planning, No.807, Anna Salai, Chennai - 600 002.
2.The Deputy Director of Town and Country Planning, Coimbatore Division, Corporation Commercial Complex, Dr.Nanjappa Road, Coimbatore - 641 018.
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S.M.SUBRAMANIAM, J.
kak (2/2) 06.03.2023 5/5