Madras High CourtWP/22159/2024dismissed

S.Murugan v. The Principal Secretary

2024-08-06Honourable Mr Justice G.K. Ilanthiraiyan6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 06.08.2024

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN S.Murugan ... Petitioner -Vs1. The Principal Secretary, Department of Housing And Urban Development, Government of Tamil Nadu, Chennai-600 009.

2. The Principal Secretary, Department Of Rural Development And Panchayat, Government Of Tamil Nadu, Chennai-600 009.

3. The Principal Secretary, Revenue Department, Governemnt Of Tamil Nadu, Chennai-600 009.

4. The Member /Secretary, Chennai Metropolitan Development Area, Chennai-600 008.

5. The District Collector Thiruvallur District, Pincode-602 001.

6. The Block Development Officer, Poonamallee, Chennai-600 056.

7. Sangeetha/Poongodi,

8. The Panchayat President, Nemam Panchayat Union, Nemam, Thiruvallur District, Pincode-600 124.

... Respondents Prayer : Writ Petition filed under Article 226 of Constitution of India praying for the issuance of a Writ of Mandamus, to direct the respondents 1 to 6 and 8th respondent to consider the petitioner representation dated 18.05.2024 to revoke the approval issued by the 4th respondent for the layout "Srinivasa Nagar" bearing approval No.P.P.D/ L.O/ No.52/2024 dated 11.03.2024 developed by the 7th respondent in Survey Nos.45/3B, 45/3A1, 45/3A2, 46 and 47.

For Petitioner : Mr.D.Meenakshi Sundaram For R1 to R3 & R5 : Mr.N.Naveen Kumar Government Advocate For R6 and R8 : Mrs.M.Jayanthy Additional Government Pleader

ORDER

This writ petition has been filed for direction directing the respondents 1 to 6 and 8 to consider the representation submitted by the petitioner seeking revocation of approval issued by the fourth respondent in favour of the 7th respondent.

2. Heard and perused the materials available on record.

3. The 7th respondent owned land ad-measuring 4.86 cents comprised in S.Nos.45/3B, 45/3A1, 45/3A2, 46 and 47 situated at Nemam Village, Poonamallee Taluk, Thiruvallur District. While being so, the 7th respondent, through her Power of Attorney, applied for approval in order to develop the said property. On receipt of the same, the fourth respondent approved the layout by an order dated 11.03.2024. As per the approved layout, there are 125 plots with 11 streets stretching out to 4.8 metre, 7.2 metre, 9.0 metre and 10.0 metre roads. The petitioner, being one of the Ward member of the fourth respondent Panchayat, submitted a representation to cancel the approval granted by the fourth respondent on various grounds.

4. One of the main grievance of the petitioner is that being a ward member, without giving any opportunity to the petitioner, the fourth respondent unilaterally granted approval in favour of the 7th respondent. That apart, there is a personal grudge between the petitioner and the 7th

respondent. Therefore, the petitioner has no locus to submit any objections to revoke the approval granted to the 7th respondent by the fourth respondent.

5. In view of the above, the writ petition is devoid of merits and is liable to be dismissed. However, in view of the approval granted by the fourth respondent, the 8th respondent, who is being the Panchayat President approved the same. Though the petitioner being a ward member of the 8th respondent, he has no role to play while approving the layout by the fourth respondent.

6. Accordingly, this writ petition stands dismissed. No costs. 06.08.2024 Internet: Yes Index : Yes/No Speaking/Non Speaking order mn To

1. The Principal Secretary,

Department of Housing And Urban Development, Government of Tamil Nadu, Chennai-600 009.

2. The Principal Secretary, Department Of Rural Development And Panchayat, Government Of Tamil Nadu, Chennai-600 009.

3. The Principal Secretary, Revenue Department, Governemnt Of Tamil Nadu, Chennai-600 009.

4. The Member /Secretary, Chennai Metropolitan Development Area, Chennai-600 008.

5. The District Collector Thiruvallur District, Pincode-602 001.

6. The Block Development Officer, Poonamallee, Chennai-600 056.

7. The Panchayat President, Nemam Panchayat Union, Nemam, Thiruvallur District, Pincode-600 124.

G.K.ILANTHIRAIYAN. J, mn

06.08.2024