A.Kumarasamy v. The Secretary To Government

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.03.2024 CORAM :

THE HONOURABLE MR. JUSTICE S.S. SUNDAR AND THE HONOURABLE MR. JUSTICE G. ARUL MURUGAN and W.M.P.No.5987 of 2024 A.Kumarasamy ... Petitioner Vs.

1.The Secretary to Government, O/o.Housing and Urban Development Department, Secretariat, Chennai - 600 009.

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

3.The Joint Director of Town and Country Planning, Town and Country Planning Office, Dr.Nanjappa Salai, Coimbatore - 641 018.

4.The Commissioner/Member Secretary, Pollachi Local Planning Authority, Pollachi Municipality, Pollachi, Coimbatore District - 642 001.

... Respondents

Prayer : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus to direct the 1st respondent to dispose of the Revision/Application filed under Sections 80-A and 80-A(3) of the Town and Country Planning Act, 1971, by the petitioner dated 05.02.2024 on giving personal hearing to the petitioner.

For Petitioner :

Mr.K.V.Muthu Visakan For R1 to R3 :

Mr.R.Kumaravel Additional Government Pleader For R4 :

Mr.B.Anand Standing Counsel

O R D E R

(Order of the Court was made by S.S. SUNDAR, J.) This writ petition is filed for issuance of a Writ of Mandamus to direct the 1st respondent to dispose of the Revision/Application filed under Sections 80-A and 80-A(3) of the Town and Country Planning Act, 1971, by the petitioner dated 05.02.2024 after giving personal hearing to the

petitioner.

2.Having regard to the limited scope of the prayer sought for in this writ petition and after hearing the parties, this Court is inclined to dispose of this writ petition with the following directions : i. The 1st respondent is directed to consider and dispose of the revision petition filed by the petitioner under Section 80-A of the Tamil Nadu Town and Country Planning Act, 1971, after affording adequate opportunity to the petitioner and after personal hearing, on merits and in accordance with law, within a period of twelve weeks from the date of receipt of a copy of this order, and communicate the decision to the petitioner.

ii. Till such time the petitioner's revision petition is disposed of on merits and the order is communicated to the petitioner, the respondents shall maintain status quo.

3.With the above directions, this writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed. (S.S.S.R., J.) (G.A.M., J.) 04.03.2024 mkn Internet : Yes Index : Yes / No To 1.The Secretary to Government, O/o.Housing and Urban Development Department, Secretariat, Chennai - 600 009.

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

3.The Joint Director of Town and Country Planning, Town and Country Planning Office, Dr.Nanjappa Salai, Coimbatore - 641 018.

4.The Commissioner/Member Secretary, Pollachi Local Planning Authority, Pollachi Municipality, Pollachi, Coimbatore - 642 001.

S.S. SUNDAR , J.

and G. ARUL MURUGAN, J.

mkn 04.03.2024