D.Gopalakrishnan v. The State Of Tamiil Nadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 16.08.2024
CORAM:
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN D.Gopalakrishnan ... Petitioner Vs 1.The State of Tamilnadu, Rep. By Secretary to Government - Housing and Urban Development Department, Fort St.George, Secretariat, Tamilnadu 600 009 2.Director, Town and Country Planning, 807, Anna Salai, Chennai 600 002 3.The Deputy Director of Town and Country Planning Chengalpattu Chengalpattu Office at Region No.124, GST Road, Periyar Shopping Complex, Chengalpattu 603 001 4.Directorate of Municipal Administration, 75, Urban Administrative Building, Santhome High Road, MRC Nagar, Raja Annamalaipuram, Chennai 600 028 5.Executive Officer/Commissioner, Nandhivarm Guduvancheri Town Panchayat/Municipality, Guduvancheri 603 202 1/6
6.Mahalakshmi Traders, Royapettah High Road, Near Luz Corner, Mylapore 600 004 .....
Respondents Prayer :
Writ Petition filed under Article 226 of Constitution of India praying for the issuance of a Writ of Mandamus directing the D3-The Deputy Director of Town and Country Planning, Chengalpattu and 5th respondent Executive Officer / Commissioner, Nandivaram Guduvancheri Town Panchayat / Municipality respondents herein to consider the representation of the petitioner dated 05.06.2018 and multiple reminders on 16.08.2021 and 23.09.2021 to enquiry and to revoke (under section 54 of THE TAMIL NADU TOWN AND COUTNRY PLANNING ACT 1971) the DTCP approval for the applied survey numbers LP/DTCP 35/1986-Survey Number 56/2A, 54/1, 50/1, 61. LP/DTCP 696/1998 survey number 23/3 LP/DTCP M-88-90/L.P 65-S.No.291/1, 291/2, 291/3, 295/2A, 279/2 LP/DTCP 471/1998 survey Number 206/1 Petitioner : Mr.D.Gopalakrishnan (party in person) For Respondents : Mr.V.Manoharan, Additional Government Pleader 2/6
ORDER
This Writ Petition has been filed for direction to the fifth respondent to consider the representation submitted by the petitioner seeking cancellation of DTCP approval for the land comprised in survey numbers LP/DTCP 35/1986-Survey Number 56/2A, 54/1, 50/1, 61. LP/DTCP 696/1998 survey number 23/3 LP/DTCP M-88-90/L.P 65S.No.291/1, 291/2, 291/3, 295/2A, 279/2 LP/DTCP 471/1998 survey Number 206/1.
2.
Heard, the petitioner and the learned Additional Government Pleader appearing for the respondents.
3.
It is seen from the records that the DTCP approval was granted in the year 1988 for the subject property. After period of 36 years, the petitioner submitted representation to cancel the DTCP approval on the ground that the said approval was granted in a death person's name. Therefore, after period of 36 years, the prayer sought for in the representation cannot be considered. As such, this writ petition is 3/6
liable to be dismissed.
4.
Accordingly, this writ petition is dismissed. There shall be no order as to costs.
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To 1.Secretary to Government - Housing and Urban Development Department, The State of Tamilnadu, Tamilnadu 600 009 2.Director, Town and Country Planning, 807, Anna Salai, Chennai 600 002 3.The Deputy Director of Town and Country Planning Chengalpattu Chengalpattu Office at Region No.124, GST Road, Periyar Shopping Complex, Chengalpattu 603 001 4.Directorate of Municipal Administration, 75, Urban Administrative Building, Santhome High Road, MRC Nagar, Raja Annamalaipuram, Chennai 600 028 5.Executive Officer/Commissioner, Nandhivarm Guduvancheri Town Panchayat/Municipality, Guduvancheri 603 202 6.Mahalakshmi Traders, Royapettah High Road, Near Luz Corner, Mylapore 600 004 G.K.ILANTHIRAIYAN, J.
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