Shanthi v. The Assistant Director

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 03.07.2025

CORAM

THE HONOURABLE MRS.JUSTICE N. MALA Shanthi, Wife of Vengatesan, G.Ariyur Post, Thirukoilur Taluk, Kallakuruchi District.

Petitioner(s) Vs 1.The Assistant Director, The Directorate of Town and Country Planning, Kallakuruchi Taluk, Kallakuruchi District.

2.Anbalagan, Son of Rangasamy, No.6, Sankaran Nagar, Asanur Road, Thiukoilur Taluk, Kallakuruchi.

Respondent(s) Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of a direction in the nature of Writ of Mandamus, directing the 1 st respondent to consider and pass orders on the representation dated 12.06.2023 and to pass such further orders. For Petitioner:

M/s.R.Poornima For R1:

M/s.R.L.Karthika, Government Advocate 1/6

ORDER

This writ petition has been filed for issuance of a Writ of Mandamus, directing the first respondent to consider and pass orders on petitioner's representation dated 12.06.2023.

2. The petitioner is the owner of land situated at Survey Nos. 223/4 and 233/5 in G.Ariyur Village, Thirukoilur Taluk, Kallakurichi District. She has developed her property into a residential layout named "OM Sakthi Nagar," which is situated adjacent to another layout. While so, one Anbazhagan and Saravanan developed a layout called "Anbusaravanan Nagar" in Survey No.217/3, without leaving any space for access to the petitioner's property.

3. The petitioner submits that the layout developers were mandatorily required to leave space for approach roads. The petitioner submits that this fact was confirmed through a response received under the Right to Information Act. Despite repeated requests, the second respondent did not take steps to ensure complaince and so the petitioner submitted multiple representations to the first 2/6

respondent. As no action was taken, the petitioner was constrained to the file the above writ petition for the above said relief.

4. Learned Government Advocate appearing for the first respondent submitted that the petitioner may be directed to submit a fresh representation to the first respondent and also the first respondent may be given reasonable time to dispose of the representation.

5. Heard both sides and perused the materials available on record.

6. Without going into the merits of the case, this Court is inclined to issue the following directions:

a) The petitioner is directed to submit a fresh representation to the first respondent.

b) On receipt of such representation, the first respondent shall consider the same by conducting a detailed enquiry.

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c) The first respondent shall in the enquiry afford an opportunity of personal hearing to both the petitioner as well as the second respondent and consider the relevant documents, submitted by both parties in regard to the subject matter property.

(d) Thereafter, the first respondent shall pass appropriate orders on merits, in accordance with law, within a period of eight (8) weeks from the date of receipt of a copy of this order.

In the result, the writ petition stands disposed of with the above observations and direction. No costs.

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To The Assistant Director, The Directorate of Town and Country Planning, Kallakuruchi Taluk, Kallakuruchi District.

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N. MALA, J.

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