Tejaa Sakthi Institute Of v. The Government Of Tamil Nadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 27.05.2015

CORAM:

THE HON'BLE MR.JUSTICE V. DHANAPALAN AND THE HON'BLE MR.JUSTICE S. VAIDYANATHAN W.P. No.15213 of 2015 and M.P. No. 1 of 2015 ......

Tejaa Sakthi Institute of Technology for Woman, rep. By its Authorized Signatory, NH -47, Avinashi Main Road, Karumathampatti, Coimbatore 641 659.

Petitioner vs.

1. The Government of Tamil Nadu, rep. By its Principal Secretary, Housing and Urban Development Department, Secretariat, Chennai 600 009.

2. The Commissioner of Town and Country Planning, O/o The Directorate of Town and Country Planning, 807 Anna Salai, Chennai 600 002.

3. The Deputy Director of Town and Country Planning, Coimbatore Division, Corporation of Coimbatore Campus, Dr. Nanjappa Salai, Coimbatore -18.

Respondents Writ Petition filed under Article 226 of the Constitution of India seeking a writ of mandamus directing the first respondent herein to forthwith consider and pass orders on the interim application dated 04.05.2015 filed under Section 80(A)(3) of the Tamil Nadu Town and Country Planning Act, 1971 in accordance with law, pending disposal of the appeal.

For petitioner : Mr. Kandhan Duraisami For Respondents : Mr. R. Vijayakumar, Govt. Pleader - - - - -

ORDER

(Order of the Court was made by V. DHANAPALAN, J.) Heard Mr. Kandhan Duraisami, learned counsel for the petitioner and Mr. R. Vijayakumar, learned Government Pleader appearing for the respondents.

2. Though the petitioner has sought for a direction to the first respondent to forthwith consider and pass orders on the interim application dated 04.05.2015 filed under Section 80(A)(3) of the Tamil Nadu Town and Country Planning Act, 1971, in accordance with law, pending disposal of the appeal, the learned counsel for the petitioner now pleads that if the appeal is disposed of, the grievance of the petitioner would be redressed. For such a plea, the learned Government Pleader is not opposing. However, he requests grant of reasonable time to pass orders.

3. Having regard to the facts and circumstances of the case and in view of the submissions made by the learned counsel for the petitioner, without adverting into the merits of the case, we direct the first respondent to consider the appeal filed by the petitioner and pass appropriate orders on merits and in accordance with law, after giving notice to all the parties concerned, within a period of eight weeks from the date of receipt of a copy of this orders.

With the above direction, this writ petition is disposed of. Consequently, M.P. No. 1 of 2015 is closed. No costs. Sd/- Deputy Registrar True Copy Sub Assistant Registrar To

1. The Government of Tamil Nadu, rep. By its Principal Secretary, Housing and Urban Development Department, Secretariat, Chennai 600 009.

2. The Commissioner of Town and Country Planning, O/o The Directorate of Town and Country Planning, 807 Anna Salai, Chennai 600 002.

3. The Deputy Director of Town and Country Planning, Coimbatore Division, Corporation of Coimbatore Campus, Dr. Nanjappa Salai, Coimbatore -18.

+1 cc to Mr.Muthumani Doraisami, Advocate,SR.25585. rv(co) krd 3/6 W.P. No.15213 of 2015