Madras High CourtWP/17089/2013disposed of

Dr.S.Kanagasundaram v. The Secretary To Government

2015-03-05Honourable The Chief Justice,Honourable Mr Justice M.M.Sundresh3 pages

In the High Court of Judicature at Madras Dated: 05.03.2015

CORAM:

The Honourable Mr. SANJAY KISHAN KAUL, Chief Justice and The Honourable Mr. Justice M.M. SUNDRESH Writ Petition No. 17089 of 2013 Dr. S. Kanagasundaram ... Petitioner vs.

1. The Secretary to Government Department of Housing & Urban Development

2. The Secretary to Government Department of Rural Development and Panchayat Raj

3. The Director of Town and Country Planning 807, Anna Salai, Chennai 600 002.

4. The Deputy Director/Member Secretary Local Planning Authority Coimbatore.

5. The Commissioner Corporation of Coimbatore Coimbatore.

.. Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Declaration to declare that Sections 10 to 32 and Sections 47 to 63 of the Tamil Town and Country Planning Act, 1971 are void, repugnant, unenforceable, ultra vires of the constitution of India and inoperative.

For Petitioner : Mr. P. Saravana Sowmiyan For Respondents : Mr. S.T.S. Murthi Govt. Pleader for R1 to R3 Mrs. A. Sri Jayanthi Spl. Govt. Pleader for R4 Mr. R. Sivakumar for R5

O R D E R

(Made by The Hon'ble The Chief Justice) We have heard the learned counsel for the parties. Learned counsel for the petitioner at this stage states that it may be appropriate to treat his petition as a representation to the Government for taking necessary action to give effect in letter and spirit to the 73rd Amendment to the Constitution for the purposes of real and effective delegation of powers on the Panchayats, Municipalities and Local Bodies.

2. We direct accordingly, giving the respondents three months' time to examine the representation of the petitioner and to communicate the reasoned decision to him.

3. The petition accordingly stands disposed of. No costs. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar ATR Copies to;