G.Srinivasulu v. The Panchayat President

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19.04.2023

CORAM

THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH W.P No.11762 of 2023 G.Srinivasalu Petitioner vs.

1.The Panchayat President, Mugaiyur Panchayat, Lathur Block, 2.The Block Development Officer, Lathur Block, 3.The District Collector, Chengalpattu District.

Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, to dispose of the petitioner's representation dated 10.01.2023 on the file of the respondent and to issue building plan approval within the time stipulated as may be fixed by this Court. For Petitioner : Mr.A.Muthuprakash For Respondents : Mr.C.Selvaraj Additional Government Pleader

O R D E R

This writ petition has been filed for issue of writ of mandamus directing the first respondent to deal with the application submitted by the petitioner seeking for building plan approval for construction of a prawn hatchery in the subject property. 2.Heard Mr.A.Muthuprakash, learned counsel appearing on behalf of the petitioner and Mr.C.Selvaraj, learned Additional Government Pleader appearing on behalf of the respondents.

3.The petitioner owns a land in S.No.6/16 in Mugaiyur Village, Cheyyur Taluk, Chengalpattu District and the petitioner is claiming title to the property by virtue of a registered Sale Deed dated 29.11.2021. The petitioner intended to start prawn hatchery in the said property. Hence, the petitioner submitted the building plan approval. At the time of submission of the application, the petitioner had also obtained the No Objection Certificate from the concerned authorities. The grievance of the petitioner is that the application is kept pending by the 1st respondent and the subsequent representation given by the petitioner on 10.01.2023 also did not evoke any response and left with no other alternative, the present writ petition has been filed before this Court seeking for appropriate direction.

4.Taking into consideration the limited relief sought for in the writ petition and without going into the merits of the case, there shall be a direction to the 1st respondent to deal with the application submitted by the petitioner seeking for building plan approval and take a decision on its own merits and in accordance with law, within a period of eight weeks from the date of receipt of copy of this order. The petitioner is directed to make a fresh representation to the 1st respondent along with all the relevant documents and also a copy of this order. A copy of the representation shall also be marked to the 2nd respondent.

5.This writ petition is disposed of with the above directions. No Costs. 19.04.2023 Index : Yes/No Internet : Yes/No Speaking Order/Non-Speaking Order : Yes/No ssr To 1.The Panchayat President, Mugaiyur Panchayat, Lathur Block,

N. ANAND VENKATESH, J.

ssr 2.The Block Development Officer, Lathur Block, 3.The District Collector, Chengalpattu District.

W.P No.11762 of 2023 19.04.2023