G.Kishore v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 07.03.2019
CORAM:
THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR W.P.No. 6467 of 2019 and WMP No.7278 of 2019 G. Kishore ... Petitioner Vs.
1. The District Collector, Tiruvallur District, Tiruvallur - 602 001.
2. The Secretary, Chennai Metropolitan Development Authority, Thalamuthu Natarajan Maligai, Egmore, Chennai - 600 008.
3. The Block Development Officer (Regularisation of unapproved plots and lay-outs), Villivakkam Panchayat Union, Ambattur, Chennai - 600 053.
... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the respondents to pass orders to regularise the lay-out "G.K.R. Nagar" at No.5, Morai Village in survey No.456/5E1, 456/5F-1, 456/6A1, 457/7A2A, 457/7B dry lands. Patta No.2291, having an extent of 24,191 sq. feet in plots 14, 18, 29, 30, 31 and 32, based on the application dated 31.10.2018.
For Petitioner : Mr.T.S.Rajamohan For Respondents : Mr.V.Shanmugasundar Spl. Government Pleader for R1 Mr.Karthick Rajan Standing Counsel for CMDA for R2 Mr.P.P.Purushothaman, Government Advocate for R3
ORDER
This writ petition has been filed seeking for a direction to the respondents to pass orders with regard to regularisation of the lay-out "G.K.R. Nagar" at No.5, Morai Village in new Patta No.2291 in the layout sub survey No.456/5E1, 456/5F1, 456/6A1, 457/7A2A, 457/7B.
2. According to the petitioner, she is the absolute owner of the property situated at No.5, Morai Village, Villivakkam Panchayat, Ambattur Taluk, Tiruvallur District. The Registration as well as the Revenue departments have classified the aforesaid layout as Nanjai Highway Annexe besides residential area Type-II, Class -I. Hence, he has submitted representation before the respondents seeking regularisation of the aforesaid layout. Though he has paid the necessary fees, the respondents have not considered her representation. Hence, this writ petition.
3. Mr.T.S.Rajamohan, learned counsel for the petitioner submitted that it would suffice, if the representation of the petitioner is directed to be considered by the respondents, on merits and as per law, for which, the learned Standing Counsel appearing for the 2nd respondent has no serious objection.
4. Considering the facts and circumstances of the case and having regard to the submissions made by the learned counsel on either side, this Court without expressing any opinion with regard to the merits of the case directs the second respondent to consider the representation of the petitioner, dated 31.10.2018, and pass appropriate orders on merits and in accordance with law, after affording an opportunity of personal hearing to the petitioner, within a period of three months from the date of receipt of a copy of this order. No costs. Consequently, connected miscellaneous petition is closed.
Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar vsi2
To
1. The District Collector, Tiruvallur District, Tiruvallur - 602 001.
2. The Secretary, Chennai Metropolitan Development Authority, Thalamuthu Natarajan Maligai, Egmore, Chennai - 600 008.
3. The Block Development Officer (Regularisation of unapproved plots and lay-outs), Villivakkam Panchayat Union, Ambattur, Chennai - 600 053.
+2 cc's to M/s.T.S.Rajamohan, Advocate, Sr.No. 21718 +1 cc to The Government Pleader, Sr.No. 22616 W.P.No. 6467 of 2019 CSL/21.06.2019