B.Jothi v. The Director Of Town And Country Planning
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 10.07.2025
CORAM:
THE HONOURABLE MRs. JUSTICE N.MALA and WMP.No.28168 of 2025
1. B.Jothi 2.A.Padma 3.R.Kamala.
.. petitioners vs
1. The Director of Town and Country Planning C&E Market Road, Virugambakkam, Koyambedu, Chennai - 600 107.
2.The Assistant Director of Town and Country Planning Tiruvallur, Tiruvallur District - 602 001.
3.The Tahsildar Uthukottai Taluk, 4,The Village Administrative Officer Attarambakkam, (Kunjaram Village) Uthukottai Taluk - 602 026.
5.The Block Development Officer Poondi, Tiruvallur District - 602 023.
6.The President / Special Officer Ramanathapuram Panchayat, Seethanjeri Post Uthukottai Taluk, Tiruvallur District - 602 006. 1/6
7.The Sub Registrar, (Registration Department) Uthukottai Town and Taluk, 8.The Assistant Engineer TANGEDCO Uthukottai, Tiruvallur District - 602 001.
... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus directing the first respondent to dispose of the appeal dated 23.05.2025 with reminder dated 13.06.2025 filed by the petitioners against the order of the Second respondent in Pro.Na.Ka.No.395/2021/Tiruvallur-2 dated 13.01.2002 within a limited time.
For Petitioner : Mr.T.Dharani For Respondent : Mrs.C.Meera Arumugam, AGP for R1 to R4, R7 & R8.
Mr.M.Ayyadurai, Govt Adv for R5 & R6.
O R D E R
This writ petition is filed for a direction to the first respondent to dispose of the petitioner's appeal dated 23.05.2025, filed against the order of the Second respondent in Pro.Na.Ka.No.395/2021/Tiruvallur-2 dated 13.01.2002, within a limited time.
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2. The petitioner's filed an appeal on 23.05.2025, to the first respondent under Section 76 r/w.Section 79 of the Tamil Nadu Town and Country Planning Act 1971 (Tamil Nadu Act 35 of 1972) seeking cancellation of the order in Pro.Na.Ka.No.395/2021/Tiruvallur-2 dated 13.01.2022 of the 2nd respondent, in so far as it relates to regularization of unapproved plots in S.No.84/2A (41.0 cents in part) in Kunjaram Village, Uthukottai Taluk, Tiruvallur District. Since the petitioner's appeal was not considered, the petitioner filed the present writ petition.
3. Heard the learned counsel for the petitioner and the learned Additional Government Pleader for respondents 1 to 4, 7 & 8 and the learned Government Advocate for R5 & R6. With consent of all counsels this writ petition is taken up for final disposal. 4.The materials on record reveal, the petitioner's preferred an appeal on 23.05.2025 against the order of the second respondent dated 13.01.2022. It appears that till date the appeal is not taken on file. Under the said circumstances, this Court is inclined to direct the first respondent to consider the petitioner's appeal dated 23.05.2025, and pass orders on merits and in 3/6
accordance with law, within a period of twelve weeks, from the date of receipt of a copy of this order.
5. With the above direction, this writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed. 10.07.2025 Speaking order / Non-speaking order Index : Yes / No : Yes / No tsh To
1. The Director of Town and Country Planning C&E Market Road, Virugambakkam, Koyambedu, Chennai - 600 107.
2.The Assistant Director of Town and Country Planning Tiruvallur, Tiruvallur District - 602 001.
3.The Tahsildar Uthukottai Taluk, 4,The Village Administrative Officer Attarambakkam, (Kunjaram Village) Uthukottai Taluk - 602 026.
5.The Block Development Officer Poondi, Tiruvallur District - 602 023.
6.The President / Special Officer Ramanathapuram Panchayat, Seethanjeri Post Uthukottai Taluk, Tiruvallur District - 602 006. 4/6
7.The Sub Registrar, (Registration Department) Uthukottai Town and Taluk, 8.The Assistant Engineer TANGEDCO Uthukottai, Tiruvallur District - 602 001.
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N. MALA , J.
tsh 10.07.2025 6/6