Mrs. G.Sailendra Bharathi v. The Director

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :16.08.2023

CORAM

THE HONOURABLE MR. JUSTICE S.SOUNTHAR W.P No.24075 of 2023 and W.M.P.No.23559 of 2023 G.Sailendra Bharathi

...Petitioner

Vs.

1.The Director Town and Country Planning, Chennai 2.The Member Secretary, HNTDA, No.25/2, Nethaji Road, Anna Nagar, Hosur Town and Taluk, Krishnagiri District.

3.The Panchayat President, Chennasandiram Panchayat, Avalapalli Post, Hosur Taluk, Krishnagiri District.

4.D.Poornachandra Reddy

...Respondents

Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the official respondents1 to 3 to consider the representation dated 29.05.2023 and consequently restore all the facilities which were available as per the Panchayat Approval in selling the 1/6

plots to purchasers including of the existing road from the Hosur-Bagalur main road, which comes from Uliyalam Bus stop the land shown as road in the approved layout.

For Petitioner : Mr.V.Jeyachandran For Respondents 1 & 2 : Mr.C.Selvaraj, Additional Government Pleader For Respondent 3 : Mr.M.S.Arasa Kumar Government Advocate

O R D E R

The writ petition is filed seeking issue of writ of mandamus directing the respondents 1 to 3 to consider the representation dated 29.05.2023 and consequently restore all the facilities which were available as per the Panchayat Approval including the existing road from Hosur-Bagalur main road, which comes from Uliyalam Bus stop the land shown as road in the approved layout.

2.According to the petitioner, she purchased a plot from the 4th respondent, who is indulged in selling plots to the general public in the name and style of "Himagiri City". As per the brochure given to the petitioner, the 2/6

main road linking the layout comes from Hosur-Bagalur main road. Now, the 4th respondent attempting to shift the main entrance of the layout to some other place, shifting the same from Hosur-Bagalur main road. In this regard, the petitioner submitted a representation to the respondents on 29.05.2023, requesting them not to shift the existing entrance of the layout to Eluvappalli village without permission of the petitioner. 3.It is the main contention of the learned counsel for the petitioner that when the main entrance of the layout is from Hosur-Bagalur main road as per the approved layout plan, the 4th respondent is not entitled to shift the main entrance to Eluvappalli village without getting necessary changes in the approved plan.

4.Mr.C.Selvaraj, learned Additional Government Pleader takes notice for the respondents 1 & 2. Mr.M.S.Arasa Kumar, learned Government Advocate takes notice for the respondent 3.

5.In view of the grievance expressed by the petitioner that his representation dated 29.05.2023 has not considered by the respondent and the 3/6

4th respondent is attempting to shift the main entrance of the layout, this Court is inclined to issue direction to the 3rd respondent to consider the representation of the petitioner dated 29.05.2023 and pass final order on merits and in accordance with law after issuing notice to the 4th respondent within a period of six weeks from the date of receipt of a copy of this order in the light of the approved plan.

6.With the above direction, the writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed. 16.08.2023 Index : Yes/No Internet : Yes/No Speaking Order/Non-Speaking Order : Yes/No nti 4/6

To 1.The Director Town and Country Planning, Chennai 2.The Member Secretary, HNTDA, No.25/2, Nethaji Road, Anna Nagar, Hosur Town and Taluk, Krishnagiri District.

3.The Panchayat President, Chennasandiram Panchayat, Avalapalli Post, Hosur Taluk, Krishnagiri District.

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S.SOUNTHAR , J.

nti W.P No.24075 of 2023 16.08.2023 6/6