G.Prabhakaran v. The Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated: 06.02.2015 Coram:

THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM W.P. No.33470 of 2014 G.Prabhakaran ... Petitioner vs.

1.The Commissioner, Corporation of Chennai, Rippon Building, Chennai-600 003 2.The Superintending Engineer, Town Planning Approval Section, Regional Office Centre, Corporation of Chennai, No.36G, Pulla Avenue, Shenoy Nagar, Chennai-600 030 3.The Executive Engineer/Zonal Officer, Zone X (Kodambakkam), No.64, N.S.K.Salai, Kodambakkam, Chennai-600 024 ... Respondents Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of mandamus to direct the respondent to forthwith process and sanction the application registered as No.PPA/WDCN10/03998/2014 dated 10.06.2014 for sanction of planning and building permit to the petitioner in respect of proposed construction of the residential building at Plot No.125, Ilango Nagar, Virugambakkam, Chennai-600 092, measuring in an extent of 915 sq.ft. comprised in S.No.140/1 Part, Virugambakkam Village, Mambalam-Guildy Taluk, Chennai District, in accordance with law. For Petitioner : Ms.S.Hemalatha For Respondents : Mr.T.C.Gopalakrishnan

ORDER

Heard Ms.Hemalatha, the learned counsel for the petitioner and Mr.T.C.Gopalakrishnan, the learned counsel appearing for the

respondent Corporation and with the consent of both sides, the writ petition itself is disposed of at this stage.

2. The writ petition is filed for a mandamus to direct the respondent to forthwith process and sanction the petitioner's application registered as No.PPA/WDCN10/03998/2014, dated 10.06.2014, for sanction of planning and building permit, in respect of the proposed construction of the residential building at Plot No.125, Ilango Nagar, Virugambakkam, Chennai-600 092, measuring an extent of 915 sq.ft. comprised in S.No.140/1 Part, Virugambakkam Village, Mambalam-Guildy Taluk, Chennai District, in accordance with law.

3. The application filed by the petitioner for approval of building plan was not considered by the respondent and kept pending. Therefore, the petitioner is before this Court.

4. It is seen that the Town Planning Section of the Respondent Corporation, by communication, dated 18.6.2014, has directed the petitioner to produce the revised plan. In response to the said communication, the petitioner has submitted all the requisite details along with his representation, dated 15.11.2014, by registered post.

5. The learned counsel for the respondent Corporation submitted that earlier the application was before a different officer and now the same has to be submitted to the Regional Deputy Commissioner of the concerned Zone, namely, Zone No.10 and the application has to be uploaded online.

6. The learned counsel for the petitioner, on instructions from the petitioner Mr.G.Prabhakaran, who is present in Court, would submit that online application has already been made.

7. In the light of the above, the respondent Corporation is directed to consider the petitioner's representation, dated 15.11.2014, as well as the online application and if any further clarification is required, the petitioner is directed to approach the concerned authority, namely, Regional Deputy Commissioner, Zone No.10 and thereafter, the said authority shall pass appropriate orders on the petitioner's application within a period of six weeks from the date of receipt of a copy of of this order.

8. The writ petition is disposed of accordingly. No costs. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar

To 1.The Commissioner, Corporation of Chennai, Rippon Building, Chennai-600 003 2.The Superintending Engineer, Town Planning Approval Section, Regional Office Centre, Corporation of Chennai, No.36G, Pulla Avenue, Shenoy Nagar, Chennai-600 030 3.The Executive Engineer/Zonal Officer, Zone X (Kodambakkam), No.64, N.S.K.Salai, Kodambakkam, Chennai-600 024.

1 cc to Ms.S.HemalathaAdvocate, SR.No.6767 W.P. No.33470 of 2014 ggg(co) pmk.13.2.2015