Dr.S.Arunkumar v. The Member Secretary

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 25.09.2018

CORAM:

THE HONOURABLE MR.JUSTICE K.K.SASIDHARAN and THE HONOURABLE MR.JUSTICE RMT.TEEKAA RAMAN W.P.No.24854 of 2018 Dr.S.Arunkumar

...Petitioner

-vs1.The Member Secretary, Chennai Metropolitan Development Authority, Gandhi Irwin Road, Egmore, Chennai - 600 008.

2.The Commissioner, Rippon Buildings, Park Town, Chennai - 600 003.

3.The Executive Engineer, Zone-10, No.117, NSK Salai, Kodambakkam, Chennai - 600 024.

4.The Secretary to Government of Tamil Nadu, Housing and Urban Development, Fort St.George, Chennai - 600 009.

.... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, directing the 4th respondent to dispose the petitioner appeal dated 27.07.2017 filed under Section 113 A(6) of the Town and Country Planning Act, 1971 within a time frame. For Petitioner :

Mr.B.Harikrishnan For Respondents:

Mr.Karthik for R1 Mr.R.Arunmozhi for R2 and R3 Mr.R.Udhayakumar Addl. Govt.Pleader for R4

O R D E R

[Order of the Court was delivered by K.K.SASIDHARAN,J.] The petitioner has filed this writ petition for a direction to the 4th respondent to dispose of the statutory appeal filed by him on 27 July 2017 under the provisions of the Town and Country Planning Act, 1971.

2. When this writ petition came up for hearing on 20 September 2018, taking into account the limited plea made by the petitioner in the writ petition, we directed the learned Additional Government Pleader to take instructions from the 4th respondent with regard to the time required for disposal of the appeal.

3. The learned Additional Government Pleader on instructions submitted that the appeal would be disposed of by the 4th respondent on or before 1 October 2018.

4. The 4th respondent is directed to dispose of the appeal on merits and as per law within the outer time limit indicated above.

5. The writ petition is disposed of with the above direction. No costs.

Sd/- Deputy Registrar //True Copy// Sub Assistant Registrar svki To 1.The Member Secretary, Chennai Metropolitan Development Authority, Gandhi Irwin Road, Egmore, Chennai - 600 008.

2.The Commissioner, Rippon Buildings, Park Town, Chennai - 600 003.

3.The Executive Engineer, Zone-10, No.117, NSK Salai, Kodambakkam, Chennai - 600 024.

4.The Secretary to Government of Tamil Nadu, Housing and Urban Development, Fort St.George, Chennai - 600 009.

+1cc to Mr.B.Hari Krishnan, Advocate, S.R.No.66144 +1cc to Mr.R.Arunmozhi, Advocate, S.R.No.66642 +1cc to Mr.Karthik Rajan, Advocate, S.R.No.67128 +1cc to the Government Pleader, S.R.No.66649 W.P.No.24854 of 2018 rrs 28/09/2018