Madras High CourtWP/16515/2020disposed of

Kanakaraj Alias Selvaraj v. The Commissioner

2020-11-24Honourable Mr Justice N. Anand Venkatesh2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 24.11.2020

CORAM

THE HONOURABLE MR.JUSTICE N. ANAND VENKATESH W.P.No.16515 of 2020 Kanakaraj @ Selvaraj ..Petitioner Vs.

1.The Commissioner, Dive Mark of Town and Contry Planning, Opp. To LIC, Chengalvarayan Building, No.807, 4th Floor, Anna Salai, Chennai 600 002.

2.The Commissioner, Perambalur Municipality, Municipal Office, Perambalur, Perambalur District.

3.Jayapaul ..Respondents Prayer: Writ Petition filed under Section 226 of Constitution of India praying for issuance of Writ of Mandamus directing the 2nd respondent to consider and pass order based on the representation of the petitioner dated 20.1.2020 in accordance with law to secure the ends of justice.

For Petitioner : Mr. M.Velmurugan For Respondents: Mr.E.Balamurugane, Spl. Govt. Pleader

O R D E R

This Writ Petition has been filed for the issue of Writ of Mandamus directing the 2nd respondent to consider the representation made by the petitioner on 20.1.2020, wherein, the petitioner has sought for cancellation of the approval granted in the lay out on the ground that it was obtained by playing fraud and by fabricating documents.

2. Mr.E.Balamurugane, learned Special Govt. Pleader appearing on behalf of the respondents 1 and 2 submitted that the 2nd respondent will call the concerned parties and conduct an enquiry and will pass orders strictly in accordance with law within the time frame fixed by this Court.

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3. Taking into consideration the facts and circumstances of the case and also the limited relief sought for in this Writ Petition, there shall be a direction to the 2nd respondent to consider the representation made by the petitioner on 20.1.2020 and conduct an enquiry by giving sufficient opportunity to the petitioner and the 3rd respondent. The 2nd respondent shall pass orders strictly in accordance with law within a period of eight weeks from the date of receipt of copy of this order. The petitioner is directed to make a fresh representation to the 2nd respondent along with all the relevant documents and also a copy of this order.

4. This Writ Petition is disposed of with the above directions. No costs.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar To

1. The Commissioner, Dive Mark of Town and Contry Planning, Opp. To LIC, Chengalvarayan Building, No.807, 4th Floor, Anna Salai, Chennai 600 002.

2. The Commissioner, Perambalur Municipality, Municipal Office, Perambalur, Perambalur District.

+1cc to the Government Pleader, S.R.No.37941 W.P.No.16515 of 2020 (CO) RV(04/01/2021) https://hcservices.ecourts.gov.in/hcservices/