Madras High CourtWP/6413/2021allowed

Jeyameena v. The Secretary To Government

2021-03-26Honourable Mr Justice B.Pugalendhi3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 26/3/2021 C O R A M THE HONOURABLE Mr.JUSTICE B.PUGALENDHI Writ Petition No.6413 of 2021 Jeyameena ...

Petitioner Vs

1. The Secretary to Government, Municipal Administration and Water Supply Department, Fort St. George, Chennai 600 009.

2. The Secretary to Government, Housing and Urban Development Department, Fort St. George, Chennai 600 009.

3. The Director, Directorate of Town and Country Planning, No.807 Anna Salai, Chennai 600 002.

4. The District Collector, Cuddalore District, Cuddalore.

5. The Executive Officer, Office of Town Panchayat, Thittakudi, Cuddalore District.

6. The Assistant Director of Town and Country Planning, Villupuram Region, TADCO Building, G.H.Road, Villupuram 605 602.

... Respondents Prayer: Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of certiorarified mandamus to call for the entire records relating to impugned proceedings in Na.Ka.No.253/2018/A dated 8/6/2020 of the fifth

respondent and to quash the same and consequently, direct the fifth respondent to regularise the constructions in the third floor of the building comprised in S.No.64/1A2B1, South Street, Tittakudi township.

For petitioner ...

Mr.K.Rajmohan For respondents ...

Mr.D.Venkatesan Government Advocate for R.R.1 to 3.

Mr.M.D.Ilayaraja Government Advocate for R.5.

O R D E R

This writ petition has been filed to quash the order, dated 8/6/2020, passed by the fifth respondent in Na.Ka.No.253/2018/A of the fifth respondent and consequently, direct the fifth respondent to regularise the constructions in the third floor of the building comprised in S.No.64/1A2B1, South Street, Tittakudi township.

2. Learned counsel appearing for the petitioner produced a Proceeding in Na.Ka.No.253/2018/A1, dated 17/3/2021, in and by which, the Executive Officer, Thittakudi, has sought for certain clarifications, based on G.O.Ms.No.154, dated 13/10/2020.

3. Mr.M.D.Ilayaraja, learned Government Advocate appearing for the fifth respondent would submit that they are reconsidering the issue, based on G.O.Ms.No.154, dated 13/10/2020.

4. In view of the specific stand taken by fifth respondent, this writ petition is allowed and the impugned order, dated 8/6/2020, is set aside. The matter is remitted back to the fifth respondent, to consider afresh in accordance with law, within a period of eight weeks, from the date of receipt of a copy of this order. Till such time, the fifth respondent shall not take any coercive steps as against the petitioner. No costs. Consequently, the connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar

MVS To

1. The Secretary to Government, Municipal Administration and Water Supply Department Fort St. George, Chennai 600 009.