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Madras High CourtWP/13113/2020disposed of

Dhanasekaran, v. The Director Of Town And Country Planning

2021-03-26Honourable Mr Justice B.Pugalendhi3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 26.03.2021

CORAM

THE HONOURABLE THIRU JUSTICE B.PUGALENDHI W.P.No.13113 of 2020 & W.M.P.No.16240 of 2020 Dhanasekaran

...Petitioner

Vs.

1.The Director of Town and Country Planning, O/o. the Director of Town and Country Planning, No.808, Anna Salai, Chennai - 600 002.

2.The Zonal Deputy Director of Town and Country Planning, Chengalpet Zone, 124, G.S.T.Road, Municipal Commercial Complex, Chengalpet District - 603 001.

3.The Special Officer cum Block Development Officer, Karanaipuduchery Municipality, Kattankulathur Panchayat Union, Chengalpet Taluk, Chengalpet District - 603 203.

4.K.Jayakumar

...Respondents

Writ Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus, directing the third respondent to conduct the proper field enquiry and to cancel the sub-division permission granted by the third respondent in its proceedings dated 22.11.2019 in Na.Ka.No.171/2019/KA based on the petitioner's representation dated 11.10.2019.

For Petitioner : Mr.S.Ramkumar For Respondents : Mr.M.Elumalai, AGP (for R.1 & R.2) E.Balamurugan, Spl.G.P (for R.3)

ORDER

This Writ Petition is filed for a writ of mandamus directing the third respondent Special Officer cum Block Development Officer, Kancheepuram to conduct the field enquiry and cancel the sub-division permission granted by the third respondent on 22.11.2019 in Na.Ka.No.171/2019/KA based on the petitioner's representation dated 11.10.2019.

2.Mr.E.Balamurugan, learned Special Government Pleader appearing for the third respondent would submit that pending this Writ Petition, the third respondent has conducted a Field Enquiry and yet to pass a suitable order based on the enquiry he has made. However, he would express some difficulties to pass the order within a reasonable time, in view of the ongoing election process. Since, it is represented by the learned Additional Government Pleader that already Field Enquiry has been completed by the Special Officer cum Block Development Officer, based on his submissions, this Court dispose of this Writ Petition by directing the third respondent to pass suitable orders based on his enquiry and by considering the representation of the petitioner within a period of eight weeks from the date of receipt of copy of this order. 3.With the above observations, this Writ Petition is disposed of. No costs. Consequently, the connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar mrm To

1. The Director of Town and Country Planning, O/o. the Director of Town and Country Planning, No.808, Anna Salai, Chennai - 600 002.

2. The Zonal Deputy Director of Town and Country Planning, Chengalpet Zone, 124, G.S.T.Road, Municipal Commercial Complex, Chengalpet District - 603 001.

3. The Special Officer cum Block Development Officer, Karanaipuduchery Municipality, Kattankulathur Panchayat Union, Chengalpet Taluk, Chengalpet District - 603 203.

+1 cc to Mr.S.Ramkumar,Advocate Sr.No.20333 +1 cc to Government Pleader, Sr.No.20165 W.P.No.13113 of 2020 SR II(CO) KKV/21/06/2021