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Madras High CourtWP/25333/2019disposed of

Builders Engineering College v. Government Of Tamil Nadu

2019-09-13Honourable Dr Justice G. Jayachandran3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 13.09.2019

CORAM:

THE HONOURABLE MR. JUSTICE DR.G.JAYACHANDRAN W.P.No.25333 of 2019 Builders Engineering College, Represented by its Secretary, P.Balasivakumar, Nathakadaiyur, Kangayam Taluk, Tiruppur District - 638 108 ... Petitioner Vs.

1.Government of Tamil Nadu, Rep. by its Principal Secretary, Housing and Urban Development, Fort St.George, Chennai - 600 009 2.The Director, Directorate of Town and Country Planning, No.807, Anna Salai, Chennai - 600 002 3.The Deputy Director, Directorate of Town and Country Planning, No.6, Sannathi Street, Subramaniam Nagar, Suramangalam, Salem - 636 005

...Respondents

PRAYER:

Writ Petition filed under Article 226 of the Constitution of India to issue a writ of mandamus directing the respondents herein to consider the online application No.20180040204092785 (DTCP File Ref.No.16826 dt.12.09.2018) and grant concurrence for the buildings constructed by the Petitioner herein in Survey No.3/1, 6/1 to 6/5, 9/1, 11/1 to 11/7 situated at Pazhayakottai Village, Kangeyam Taluk, Tiruppur District in accordance with G.O.(M.s) No.76 Housing and Urban Development (UD4(3)) Department dated 14.06.2018 within the time to be fixed by this Court.

For Petitioner : Mr.V.P.Sengottuvel For Respondents: Mr.N.Inbanathan, Additional Government Pleader 1/4

ORDER

This writ petition is filed seeking mandamus to consider the online application of the petitioner to grant the concurrence for the building of the petitioner herein in Survey No.3/1, 6/1 to 6/5, 9/1, 11/1 to 11/7 situated at Pazhayakottai Village, Kangeyam Taluk, Tiruppur District in accordance with G.O.(M.s) No.76 Housing and Urban Development (UD4(3)) Department dated 14.06.2018.

2. After notice, the respondent through the Additional Government Pleader has informed that the representation of the petitioner has been considered and appropriate notice has been issued to the petitioner as well as the third respondent to produce documents to show the construction was made on or before 01.01.2011 and it is informed that the same has been informed to the petitioner vide letter dated 10.09.2019.

3. The learned counsel appearing for the petitioner would submit that till date they have not received any communication from the Director, Town and Country Planning. The petitioner is now served with the communication of the Director Office through the Additional Government Pleader. The petitioner shall produce all the necessary documents sought for by the Director in this regard to satisfy that the building was constructed on or before 01.01.2011 and on receipt of such document, the first respondent shall pass order in accordance with law within four weeks from the date of receipt of the documents.

4. With the above direction, this writ petition is disposed of. No costs.

Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar lok To 1.The Principal Secretary, Government of Tamil Nadu, Housing and Urban Development, Fort St.George, Chennai - 600 009 2/4

2.The Director, Directorate of Town and Country Planning, No.807, Anna Salai, Chennai - 600 002 3.The Deputy Director, Directorate of Town and Country Planning, No.6, Sannathi Street, Subramaniam Nagar, Suramangalam, Salem - 636 005 +1cc to Government Pleader sr.79296 +1cc to Mr.V.P.Sengottuvel, Advocate sr.78746 W.P.No.25333 of 2019 pvs(co) nr 25/10/2019 3/4