Madras High CourtWP/11134/2024disposed of

M.Gowdhami v. The Commissioner

2024-04-24Honourable Mrs Justice V.Bhavani Subbaroyan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 24.04.2024

CORAM:

THE HONOURABLE Mrs. JUSTICE V. BHAVANI SUBBAROYAN Dr.M.Gowdhami .. Petitioner

Versus

1.The Commissioner, Vellore City Municipal Corporation, Infantry Road, Vellore Corporation, Vellore 632 001.

2.The Assistant Commissioner, Zone-1, Vellore City Municipal Corporation, Dharapadavedu, Katpadi, Vellore District.

3.The Assistant Engineer, Zone-1, Vellore City Municipal Corporation, Dharapadavedu, Katpadi, Vellore District.

.. Respondents Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, directing the 3rd respondent to consider the petitioner's online Application for planning permission with Building License Request in service Request No.035/CP/23-24/0025250 dated 12.02.2024 within stipulated period.

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For Petitioner : Mr.M.Sathish Kumar For Respondents : Mr.P.S.Prabu Standing Counsel

ORDER

This writ petition has been filed for the issuance of writ of mandamus directing the 3rd respondent to consider the petitioner's online Application for planning permission with Building License Request in service Request No.035/CP/23-24/0025250 dated 12.02.2024 within stipulated period.

2. The case of the petitioner is that the property situated at Survey No.50, Kalinjur Village, Katpadi Taluk, Vellore District to the extent of 5,886 Sq.Feet was originally owned by one M.Barnabas @ M.Ashok Raj and M.Prem Kumar. Later, they have executed a sale deed in favour of the petitioner for a valuable consideration and the said sale deed was duly registered in Doc. No.1424 of 2022 dated 16.02.2022. Since then the petitioner is in possession and enjoyment of the said property without any hindrances. While being so, in order to construct the residential house in the said property, the petitioner had submitted an application along with relevant records like title deed, building 2/4

plan, site plan, Topo plan etc., on 12.02.2024 through online and also submitted an application through registered post to the second respondent on 14.02.2024. However, the said application was not considered till date. Hence the present petition has been filed.

3. The learned Standing Counsel for the respondents submitted that this Court may direct the respondents to consider the application submitted by the respondents and the respondents shall consider the same within a stipulated time.

4. Without expressing any opinion on the merits of the case of the petitioner, this Court directs the respondents to consider the petitioner's application dated 12.02.2024 and pass orders within a period of twelve weeks from the date of receipt of a copy of this order.

5. With the above direction, this writ petition is disposed. No costs. 24.04.2024 Index:Yes / No Speaking order / Non speaking order bkn 3/4

V. BHAVANI SUBBAROYAN, J., bkn To 1.The Commissioner, Vellore City Municipal Corporation, Infantry Road, Vellore Corporation, Vellore 632 001.

2.The Assistant Commissioner, Zone-1, Vellore City Municipal Corporation, Dharapadavedu, Katpadi, Vellore District.

3.The Assistant Engineer, Zone-1, Vellore City Municipal Corporation, Dharapadavedu, Katpadi, Vellore District.

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