M.Iyyanar v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 12.10.2022
CORAM:
THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN AND THE HONOURABLE MR.JUSTICE K.KUMARESH BABU and W.M.P.No.22424 of 2020 M.Iyyanar
...Petitioner
Vs.
1.The District Collector, Cuddalore District, New Collectorate, Cuddalore - 607 001.
2.The Director, Town & Local Planning Commission Authority, Chengalvarayan Building, Fourth Floor, No.807, Anna Salai, Chennai - 600 002.
3.The Additional Director, Town & Local Planning Authority, No.6/4, Srinivasan Pillai Street, Pudupalayam, Cuddalore District.
4.The Joint Director, Industrial Safety & Health, No.53/13, Dowlath Nagar, Semmandalam, Cuddalore.
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5.The Project Officer (Sipcot), Project Office, Sipcot Complex, Karaikadu, Sipcot Post, Cuddalore.
6.Tagros Chemicals India Private Limited, A-4/1&2, SIPCOT Industrial Complex, Pachaiyamkuppam, Cuddalore.
..Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India seeking issuance of Writ of Mandamus, directing the respondents 1 to 5 to prevent the 6th respondent from putting up any construction work in their factor premises at A-4/1&2, SIPCOT Industrial Complex, Pachaiyamkuppam, Cuddalore.
For Petitioner : Mr.V.V.Giridhar For Respondents : Mr.J.Ravindran, Additional Advocate general assisted by Mr.Vadivelu Deenadayalan Additional Government Pleader for R1 to R4 Mr.Vijay Narayan Senior Counsel for Mr.T.Poornam for R6 Mr.M.Karthikeyan for R5 2/7
O R D E R
(Order of the Court was made by R.SUBRAMANIAN, J.) The prayer in the Writ Petition reads as follows:- directing the respondents 1 to 5 to prevent the 6th respondent from putting up any construction work in their factory premises at A-4/1&2, SIPCOT Industrial Complex, Pachaiyamkuppam, Cuddalore.
2.Since it was claimed that the application for planning permission submitted in 2016 is kept pending with the 3rd respondent, we had called for an affidavit explaning the delay.
3.Mr.J.Ravindran, learned Additional Advocate General appearing for the respondents 1 to 4 produced the records to show that there has been continuous correspondence between the Office of the 3rd respondent and the 6th respondent herein regarding the approval of the planning permission. The fact that the construction has been put up by the 6th respondent pending grant of planning permission is stated to be pursuant to the Government Order issued in G.O.Ms.No.169 dated 12.09.1996.
4.Be that as it may, it is now brought to our notice that by a 3/7
proceeding dated 12.09.2022, the application for planning permission made by the 6th respondent was returned for certain compliance. An affidavit has been filed by Mr.S.Balasundaram on behalf of the 6th respondent stating that the deficiencies pointed out in the letter dated 12.09.2022 have been complied with and the same has been represented. 5.The learned Additional Advocate General would submit that the Office of the 3rd respondent would complete the formalities regarding the grant of planning permission within a period of eight weeks from the date of receipt of a copy of this order.
6.Mr.Vijay Narayan, learned Senior Counsel appearing for the 6th respondent would submit that the Officers of the 6th respondent would sit with the 3rd respondent's Officers and ensure that the process of grant of permission is completed within the time frame suggested by the learned Additional Advocate General.
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7.In view of the developments, we see no necessity to issue a mandamus prayed for. We only express our sincere hope that the Official respondents and the 6th repondent would sit together and resolve the issue regarding the grant of planning permission.
8.This Writ Petition is disposed of with the above observations. No costs. Consequently, connected miscellaneous petition is closed. (R.S.M.,J.) (K.B.,J.) 12.10.2022 kkn Internet:No Index:Yes Speaking 5/7
To:- 1.The District Collector, Cuddalore District, New Collectorate, Cuddalore - 607 001.
2.The Director, Town & Local Planning Commission Authority, Chengalvarayan Building, Fourth Floor, No.807, Anna Salai, Chennai - 600 002.
3.The Additional Director, Town & Local Planning Authority, No.6/4, Srinivasan Pillai Street, Pudupalayam, Cuddalore District.
4.The Joint Director, Industrial Safety & Health, No.53/13, Dowlath Nagar, Semmandalam, Cuddalore.
5.The Project Officer (Sipcot), Project Office, Sipcot Complex, Karaikadu, Sipcot Post, Cuddalore.
6.Tagros Chemicals India Private Limited, A-4/1&2, SIPCOT Industrial Complex, Pachaiyamkuppam, Cuddalore.
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R.SUBRAMANIAN, J.
and K.KUMARESH BABU, J.
KKN and W.M.P.No.22424 of 2020 12.10.2022 7/7