M.Venkatesh v. The Deputy Director Of Town And Country Planning

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.06.2023

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH W.P. No.19230 of 2023 M.Venkatesh Represented by its Power Agent M.Narayan

...Petitioner

Vs 1.The Deputy Director of Town and Country Planning, No.124, GST Road, Municipality Commercial Building, Chengalpattu District.

2.The Director of Town and Country Planning, No.359, CMDA Office Complex, E & C Market Road, Koyambedu, Chennai.

3.The Chairman, Kattankallathur Panchayat Union, (Panchayat Village of Chettipuniyam) Kattankallathur.

4.P.Vishnuvardhan Reddy 5.P.Vijaya ... Respondents 1/4

PRAYER : Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the first respondent to dispose of the petition No.301/2021 on merits with in a time frame.

For Petitioner : Mr.C.S.Krishnamurthy for Mr.A.S.Balaji For Respondents : Mr.S.Mythrey Chandru Special Government Pleader [R1 to R3] *****

O R D E R

This writ petition has been filed for issuance of a writ of mandamus directing the first respondent to dispose of the petition pending in Petition No.301/2021 on its own merits and in accordance with law within the time stipulated by this Court.

2. Heard Mr.C.S.Krishnamurthy, learned counsel for petitioner and Mr.S.Mythrey Chandru, learned Special Government Pleader appearing for respondents 1 to 3.

3. The case of the petitioner is that the fourth respondent managed to 2/4

obtain a fraudulent patta and based on the same, he also obtained planning permission. Immediately after the petitioner came to know of the same, he filed a petition for rectification of entry made in the Register and accordingly, the mistake was also rectified by the Tahsildar, Chengalpattu. Thereafter, the petitioner made a representation to the first respondent for cancelling the planning permission obtained by the fourth respondent based on the fraudulent patta. The same was taken on file by the first respondent in Petition No.301/2021. Since the same was not acted upon, the present writ petition has been filed before this Court.

4. Taking into consideration the facts and circumstances of the case and the limited relief sought for in this writ petition, there shall be a direction to the first respondent to deal with Petition No.301/2021 after affording an opportunity to the petitioner and the fourth respondent and a final decision shall be taken within a period of eight (8) weeks from the date of receipt of a copy of this order. The petitioner is directed to make a fresh representation to the first respondent along with a copy of the Petition No.301/2021 and also a copy of this order. 3/4

N.ANAND VENKATESH, J ssr 5.This Writ Petition is disposed of with the above direction. No costs. 28.06.2023 Index : Yes/No Speaking order:Yes/No ssr To 1.The Deputy Director of Town and Country Planning, No.124, GST Road, Municipality Commercial Building, Chengalpattu District.

2.The Director of Town and Country Planning, No.359, CMDA Office Complex, E & C Market Road, Koyambedu, Chennai.

3.The Chairman, Kattankallathur Panchayat Union, (Panchayat Village of Chettipuniyam) Kattankallathur.

W.P. No.19230 of 2023 4/4