P.Thangamani v. The Director

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :28.07.2023

CORAM

THE HONOURABLE MR. JUSTICE S.SOUNTHAR W.P No.22344 of 2023 P.Thangamani

...Petitioner

Vs.

1.The Director, Directorate of Town and Country Planning, Koyambedu, Chennai - 600 107.

2.The Member Secretary, Erode Local Planning Authority, Sampath Nagar, Erode - 638 011.

3.P.Angammal ..Respondents.

PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the first respondent to cancel the orders passed by the second respondent in Na.Ka.No.2474/2018/E U THI KU-2 dated 12.10.2018 and Na. Ka.No.2259/2018/E U THI KU-2 dated 1/5

11.02.2019 by considering the petitioner's representation dated 08.06.2023. For Petitioner : Mr.C.Munusamy For Respondent 1 : Mr.J.Ravindran Additional Advocate General IX Assisted by Mrs.S.Anitha Special Government Pleader

O R D E R

The petitioner herein seeks issuance of a writ of mandamus directing the 1st respondent to cancel the order passed by the 2nd respondent in Na.Ka.No.2474/2018/E U THI KU-2 dated 12.10.2018 and Na. Ka.No.2259/2018/E U THI KU-2 dated 11.02.2019 by considering the petitioner's representation dated 08.06.2023.

2. According to the petitioner, his grandfather one Vella Gounder had owned agricultural land to the extent of 4 acres in Survey No.173/3B situated at Pudhur Village, Modakurichi Taluk, Erode District. The said agricultural land was divided into housing sites without proper sanction from authorities. After death of grandfather of the petitioner, he acquired knowledge that 2nd 2/5

respondent has regularized the unapproved plots without knowledge of the petitioner, who is the co-owner of the property. Therefore, the petitioner submitted a representation dated 11.02.2019 to 1st respondent seeking cancellation of order passed by the 2nd respondent regularizing the layout..

3. Mr.J.Ravindran, learned Additional Advocate General-IX assisted by Mrs.S.Anitha, learned Special Government Pleader takes notice for the 1st respondent.

4. The main grievance of the petitioner is that his representation dated 08.06.2023 has not been considered by the 1st respondent till date.

5. In view of the limited prayer made by the petitioner, this Court is inclined to issue a direction to the 1st respondent to consider the representation of the petitioner dated 08.06.2023 and pass final orders on merits and in accordance with law after issuing notice to the 3rd respondent within a period of eight weeks from the date of receipt of a copy of this order. 3/5

6. With the above directions, this writ petition is disposed of. No costs. 28.07.2023 Index : Yes/No Internet : Yes/No Speaking Order/Non-Speaking Order : Yes/No nr To 1.The Director, Directorate of Town and Country Planning, Koyambedu, Chennai - 600 107.

2.The Member Secretary, Erode Local Planning Authority, Sampath Nagar, Erode - 638 011.

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S.SOUNTHAR , J.

nr W.P No.22344 of 2023 28.07.2023 5/5