Madras High CourtWP/24794/2018disposed of

V.Gopal, v. The Secretary To Government,

2018-09-24Honourable Mr Justice V. Bharathidasan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 24.09.2018

CORAM

THE HONOURABLE Mr.JUSTICE V.BHARATHIDASAN W.P. 24794 of 2018 V.Gopal ... Petitioner Vs

1. The Secretary to Government, Housing and Urban Development Department, Secretariat, Chennai-600 009.

2. Chennai Metropolitan Development Authority, rep. by its Member Secretary, Thalamuthu - Natarajan Building, Egmore, Chennai-600 008.

3. Thiruverkadu Municipality, rep. by its Commissioner, Thiruverkadu, Chennai-600 077.

4. S.Rajasekar

5. S.Udayasekar ... Respondents PRAYER : Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, directing the 1st respondent to consider the petitioner's appeal dated 09.08.2018 and dispose of the same in accordance with law within a reasonable time to be fixed by this Court.

For Petitioner : Mr.D.Rajasekar, For Respondents : Mr.A.N.Thambidurai Special Government Pleader

O R D E R

This Writ Petition has been filed seeking for a direction directing the 1st respondent to consider the petitioner's appeal dated 09.08.2018.

2. In view of this order is being passed, which is no way prejudice the respondents 4 and 5, notice to the respondents 4 and 5 are dispensed with.

3. According to the petitioner, based on the application filed by the respondents 4 and 5 for granting planning permission to form a layout, the 3rd respondent approved the layout, which is obstructing the petitioner's pathway. In the said circumstances, the petitioner has filed an appeal before the 1st respondent on 09.08.2018. But, so far, the appeal is not disposed of. Hence, the petitioner has filed the present Writ Petition.

4. Considering the fact that the appeal is pending from 09.08.2018, the 1st respondent is directed to pass suitable orders on merits and in accordance with law after issuing notice to the petitioner as well as the respondents 4 and 5 within a period of six weeks from the date of copy of this order.

5. With the above direction, the Writ Petition stands disposed of. No costs.

Sd/- Assistant Registrar(CS-IX) //True Copy// Sub Assistant Registrar rpp To

1. The Secretary to Government, Housing and Urban Development Department, Secretariat, Chennai-600 009.

2. The Member Secretary, Chennai Metropolitan Development Authority, Thalamuthu - Natarajan Building, Egmore, Chennai-600 008.

3. The Commissioner, Thiruverkadu Municipality, Thiruverkadu, Chennai-600 077.

+1cc to Mr.D.Rajasekar Advocate, S.R.No. 65893 +1cc to the Government Pleader, S.R.No. 66283 W.P. 24794 of 2018 RSY(CO) GN(25/10/2018)