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Madras High CourtWP/11118/2019dismissed

Varn B.Patel v. The Director Of Town And Country Planning

2019-04-23Honourable Mr Justice D. Krishnakumar3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 23.04.2019

CORAM

THE HON'BLE MR. JUSTICE D. KRISHNAKUMAR W.P.No.11118 of 2019 and WMP.No.11531 of 2019 Varn B.Patel ... Petitioner Vs.

1.The Director of Town and Country Planning Chengalvarayan Building, 4th Floor, 807, Anna Salai, Chennai - 600 002.

2.The Deputy Director of Town and Country Planning, 124, GST Road, Periyar Shopping Complex, Chengalpattu, Kancheepuram District.

3.The Director of Geology and Mining, Thiru-Vi-Ka Industrial Estate, Guindy, Chennai - 600 032.

4.The District Collector, Kancheepuram District, Kancheepuram.

5.The Block Development Officer/Commissioner, Acharapakkam Panchayat Union, Acharapakkam - 603 301, Madhurandagam Taluk, Madhurandagam District.

6.St.Mary's Matriculation Residential and Day School, Sponsored by Goodnews Charitable Trust, S.No.1/1D, 37/1B, 38/1B & 39/1C, Anakundram Village, Elapakkam Post, Madhurandagam Taluk, Kancheepuram District.

...Respondents

PRAYER: Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, forbearing the Official respondents from sanctioning/granting any planning permission to construct building or approve the layout within 300 metres from the petitioner's quarry site comprised in S.No.1/1A2 part over an extent of 4.50.00 heactes of Anaikundram Village, Porpanangkaranai, Madhurandagam Taluk, Kanchipuram District.

For Petitioner : Mr.Muthappan M.

For R1 to R4 : Mr.M.Karthikeyan, Additional Government Pleader For R5 : Mr.E.Neelakandan, Government Pleader

O R D E R

The petitioner has filed the Writ Petition praying to issue a WRIT OF MANDAMUS, forbearing the Official respondents from sanctioning/granting any planning permission to construct building or approve the layout within 300 metres from the petitioner's quarry site comprised in S.No.1/1A2 part over an extent of 4.50.00 heactes of Anaikundram Village, Porpanangkaranai, Madhurandagam Taluk, Kanchipuram District. 2.The learned Additional Government Pleader has placed the letter in O.Moo.No.927/2019 Sema3 dated 15.04.2019, wherein it is informed that the application submitted by one M/s.Good News Charitable Trust, for getting building approval. The second respondent has returned the said application by stating the reason that the said proposal for extension of building comes within the 500 Metres of the quarrying operation.

Therefore, nothing survives for adjudication in this matter. 3.In view of the above, this Writ Petition stands dismissed. If any grievance, it is always open to the petitioner to approach the authority concerned for making his objection, if necessary at latter stage. However, there shall be no order as to costs. Consequently, the connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar ah

To 1.The Director of Town and Country Planning Chengalvarayan Building, 4th Floor, 807, Anna Salai, Chennai - 600 002.

2.The Deputy Director of Town and Country Planning, 124, GST Road, Periyar Shopping Complex, Chengalpattu, Kancheepuram District.

3.The Director of Geology and Mining, Thiru-Vi-Ka Industrial Estate, Guindy, Chennai - 600 032.

4.The District Collector, Kancheepuram District, Kancheepuram.

5.The Block Development Officer/Commissioner, Acharapakkam Panchayat Union, Acharapakkam - 603 301, Madhurandagam Taluk, Madhurandagam District.

+1 cc to Mr.M.Muthappan, Advocate SR.No.38700 +1 cc to The Government Pleader, SR.No.39080 WP. No.11118 of 2019 CSL/30.05.2019