Fowzia Hasan v. The Joint Director And Member Secretary

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 16.03.2023

CORAM

THE HONOURABLE MR. JUSTICE RMT.TEEKAA RAMAN Fowzia Hasan W/o.Mohammodul Hasan No.46, 8th East Main Road Gandhi Nagar, Vellore 32 006.

... Petitioner Vs.

1.The Joint Director and Member Secretary Vellore LPA/District Town & Country Planning Authority Vellore District, Ex-Servicemen Office 2nd Floor, Vellore 632 001.

2.The Vellore Municipality Corporation Represented by its Commissioner Vellore.

... Respondents Prayer: Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus directing the 1st Respondent to pass orders on the Petitioner's representation dated 04.04.2022 within the stipulated period as fixed by this Court.

For Petitioner : Mr.S.Parthasarathy For Respondents : Mr.C.Selvaraj (for R1) Additional Government Pleader 1/4

Mr.P.S.Prabhu (for R2)

O R D E R

This Writ Petition has been filed seeking direction to the 1st Respondent to pass orders on the Petitioner's representation dated 04.04.2022 within the stipulated period as fixed by this Court.

2.Heard the learned counsel for the Petitioner, learned Additional Government Pleader and the learned counsel for the Respondent. 3.Learned Additional Government Pleader draw my attention to the communication sent by the Vellore Municipality to local planning authority dated 01.08.2022, stating that the land purchased by the Petitioner is originally earmarked for park. After the death of the original land owner, the legal representatives sold the same.

4.Having regard to the submissions made by the learned counsel appearing on either side and taking into consideration the prayer sought for by the Petitioner, this Court directs the 1st respondent to consider the Petitioner's 2/4

representation dated 04.04.2022 and pass orders, on merits and in accordance with law, within a period of six weeks from the date of receipt of a copy of this order. It is open to the Respondent to consider the rival contention and pass orders on merits.

5.In fine, the Writ Petition is allowed to the extent indicated above. No costs.

16.03.2023 Index : Yes/No : Yes/No Speaking Order/Non-Speaking Order sai To 1.The Joint Director and Member Secretary Vellore LPA/District Town & Country Planning Authority Vellore District, Ex-Servicemen Office 2nd Floor, Vellore 632 001.

2.The Commissioner Vellore Municipality Corporation Vellore.

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RMT.TEEKAA RAMAN.J, sai Dated: 16.03.2023 4/4