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Madras High CourtWP/24321/2023disposed of

P.Kumar v. The Director

2023-08-18Honourable Mr Justice S. Sounthar6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :18.08.2023

CORAM

THE HONOURABLE MR. JUSTICE S.SOUNTHAR W.P No.24321 of 2023 P.Kumar

...Petitioner

Vs.

1. The Director, Director of Town and Country Planning Authority, Chennai.

2. The District Collector, Collector Office,

3. The Director, Agricultural Department, Erode Collector Office,

4. The Commissioner, Gobichettipalayam Municipality, Erode.

5. The Deputy Director, Erode Town and Country Planning Authority, Chinnamalai Road, Erode - 09.

1/6

6. The Sub Registrar, Gobichettipalayam Joint 2,

7. M.M.Palanivel

8. V.K. Kumaresh

...Respondents

Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the respondents 1 to 6 to pass an appropriate order vide online application No. 1458 dated 08.02.2023. For Petitioner : Mr.N.Chinnaraj For Respondents 1 to 6 : Mrs.S.Anitha Special Government Pleader

O R D E R

The petitioner herein seeks a direction to the respondents 1 to 6 to pass appropriate orders on the online application submitted by the petitioner in Application No.1458 dated 08.02.2023.

2. It is the case of the petitioner that he and the 8th respondent jointly purchased a property on 05.03.2020 and thereafter, approached the respondents 1 to 6 for getting DTCP Approval for the layout proposed in the 2/6

said land. The petitioner submitted an online application in Application No.1458 dated 08.02.2023. It is further stated that the 7th respondent herein filed the suit in O.S. No.131 of 2023, on the file of Principle District and Sessions Judge, Erode against the petitioner and the 8th respondent in respect of the above said land and he issued a notice to the respondents not to give approval to the lay out proposed by the petitioner.

3. Mrs.S.Anitha, learned Special Government Pleader takes notice for the respondents 1 to 6.

4. The petitioner only seeks a direction to the respondents to pass appropriate orders on the online application submitted by him. In view of the limited prayer made in this writ petition, without expressing any opinion on the merits of the claim made by the petitioner, this Court is inclined to issue a direction to the 5th respondent to consider the online application submitted by the petitioner dated 08.02.2023 and pass final orders on merits and in accordance with law after issuing notice to the respondents 7 & 8 within a period of eight weeks from the date of receipt of a copy of this order. 3/6

5.With the above direction, the writ petition stands disposed of. No costs.

18.08.2023 Index : Yes/No Internet : Yes/No Speaking Order/Non-Speaking Order : Yes/No mac/nti To

1. The Director, Director of Town and country Planning Authority, Chennai.

2. The District Collector, Collector Office, Erode District.

3. The Director, Agricultural Department, Erode Collector Office, Erode District.

4. The Commissioner, Gobichettipalayam Municipality, Gobichettipalayam, Erode.

5. The Deputy Director, Erode Town and Country Planning Authority, Chennamalai Road, Erode - 09.

6. The Sub Registrar, 4/6

Gobichettipalayam Joint 2, 5/6

S.SOUNTHAR , J.

mac/nti W.P No.24321 of 2023 18.08.2023 6/6