M.Chinnusamy v. The Secretary To Government
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 06.08.2024
CORAM:
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN
1. M.Chinnusamy
2. P.Ravi ... Petitioners -Vs1. The Secretary To Government, Housing And Urban Development Department, Secretariat, Chennai-600 009.
2. The Director, Directorate Of Town And Country Planning, 2nd , 3rd & 4th Floor, C And E Market Road, Koyambedu, Chennai-600 107.
3. The Commissioner, Idapaddi Municipality, Municipal Office Jalagandapuram Road, Idappadi, Salem(Dt), - 637101.
4. The Assistant Director, District Town And Country Planning Office, Salem Steel Plant Main Road, Thalavaipatti Village /Panchayat, Salem-636302.
5. Special Tahsildar (L.A)
Office of The Special District Revenue Officer (LA) TNRSP-II, Salem, No.68/136K, Gangai Street, Nedunchalai Nagar, Salem-636 005.
6. The Superintending Engineer(H), NABARD And Rural Roads, 6th Cross Street, Maravanery, Salem-636007.
... Respondents Prayer : Writ Petition filed under Article 226 of Constitution of India praying for the issuance of a Writ of Mandamus, directing the respondents 1 to 4 to Reclassify the petitioners land ad-measuring a total extent of Acre 3.40 cents comprised in T.S.No.5/1 and 5/2, Block No.4, Ward-C, Melmugam Village, Idappadi taluk, Salem District as Residential or Mixed Residential Zone by disposing of the Online Re-classification Application dated 30.11.2022. For Petitioners : Mr.E.C.Ramesh For Respondents : Mr.C.Kathiravan Special Government Pleader
ORDER
This writ petition has been filed for direction directing the respondents 1 to 4 to Re-classify the petitioners land ad-measuring a total extent of Acre 3.40 cents comprised in T.S.No.5/1 and 5/2, Block No.4, Ward-C, Melmugam Village, Idappadi taluk, Salem District as Residential or Mixed Residential zone.
2. Heard the learned counsel on either side and perused the materials
available on record.
3. The petitioner owned land situated at Old S.No.419/1, T.S.No.5/1 Melmugam Village, Idappadi Taluk, Salem district ad-measuring an extent of 1.78 cents by the registered sale deed dated 04.10.2021 vide Document No.3697/2021 from one P.Munnusamy. In order to develop the same, the petitioner submitted an application for reclassification of the said land as residential or mixed residential for the purpose of layout. The application submitted by the petitioner on 30.11.2022 is pending with the fourth respondent.
4. In view of the above, without expressing any opinion on the merits of the writ petition, the fourth respondent is directed to dispose of the application sought for reclassification of the subject property as residential or mixed residential, on merits and in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order.
5. With the above directions, this writ petition is disposed of. There shall be no order as to costs.
06.08.2024
(1⁄2) Internet: Yes Index : Yes/No Speaking/Non Speaking order mn To
1. The Secretary To Government, Housing And Urban Development Department, Secretariat, Chennai-600 009.
2. The Director, Directorate Of Town And Country Planning, 2nd , 3rd & 4th Floor, C And E Market Road, Koyambedu, Chennai-600 107.
3. The Commissioner, Idapaddi Municipality, Municipal Office Jalagandapuram Road, Idappadi, Salem(Dt), - 637101.
4. The Assistant Director, District Town And Country Planning Office, Salem Steel Plant Main Road, Thalavaipatti Village /Panchayat, Salem-636302.
5. Special Tahsildar (L.A) Office of The Special District Revenue Officer (LA) TNRSP-II, Salem, No.68/136K, Gangai Street, Nedunchalai Nagar, Salem-636 005.
6. The Superintending Engineer(H), NABARD And Rural Roads, 6th Cross Street, Maravanery, Salem-636007.
G.K.ILANTHIRAIYAN. J, mn
06.08.2024