N.P.Prabhuraj v. The State Of Tamil Nadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.09.2020

CORAM

THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH W.P.No.12494 of 2020 N.P.Prabhuraj ... Petitioner Vs.

1.The State of Tamil Nadu, Rep. By its Secretary to the Government, Local and Municipal Administration and Water Board, Secretariat, Chennai-9.

2. The Commissioner,

3. The Deputy Commissioner,

4. Ravichandran

5. Jayalakshmi ... Respondents Prayer:Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Madamus directing the second respondent to immediately grant planning permission to the petitioner on the basis of the petitioner's application sent through on-line mode dated 27.12.2019 in application No.1965/19/N, BA.No.0140/20N Challan No.CE/BP/0893/20 which was acknowledged by the second respondent dated 29.01.2020. For Petitioner : Mr.Venkatesh.S.

For Respondents: Mr.Mani Gopi- R1 Government Advocate Mr.R.Sivakumar - R2 to R5 Standing Counsel

O R D E R

This Writ Petition has been filed for the issue of a Writ of Mandamus directing the second respondent to grant planning

permission to the petitioner based on the on-line application dated 27.12.2019.

2. Mr.R.Siva Kumar, learned Standing Counsel appearing on behalf of the Coimbatore City Corporation, submitted that the petitioner is seeking for planning permission in a site, which has not been approved. The learned counsel further submitted that the site has to be approved as per the requirements of the circular in Na.Ka.No.13193/2017/LA1, dated 21.02.2019, and an application has to be submitted before the second respondent. Thereafter, the application for planning permission will be processed by the Corporation.

3. The learned counsel appearing on behalf of the petitioner submitted that the petitioner will take immediate steps to get a proper approval as per the above said circular and resubmit the application.

4. Taking into consideration the facts and circumstances of the case and the specific stand taken by the respondents, there shall be a direction to the petitioner to get the site regularized as per the above said circular and thereafter, submit the application for planning permission before the second respondent. The second respondent, on receipt of the application, shall process the same and take a decision as expeditiously as possible.

5. This Writ Petition is disposed of accordingly. No costs. Sd/- Assistant Registrar (CS-III) //True Copy// Sub Assistant Registrar rli To 1.The State of Tamil Nadu, Rep. By its Secretary to the Government, Local and Municipal Administration and Water Board, Secretariat, Chennai-9.

2. The Commissioner,

3. The Deputy Commissioner, +1cc to Mr.S.Venkatesh, Advocate, S.R.No. 31204 +1cc to Mr.R.Sivakumar, Advocate, S.R.No. 31178 W.P.No.12494 of 2020 PP(CO) GN(08/10/2020)