M.Sathya v. The State Of Tamil Nadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED :28.08.2023
CORAM
THE HONOURABLE MR. JUSTICE S.SOUNTHAR W.P No.25242 of 2023 and
1. M.Sathya
2. S.Sumathy
...Petitioners
Vs.
1. The State of Tamil Nadu Rep. By its Secretary, Department of Housing and Urban Developemnt.
Fort. St. George, Chennai
2. The Director of Town and Country Planning, O/o. The Director of Town and Country Planning, No.801, Anna Salai, Chennai
3. The District Collector Namakkal District
4. The Deputy Director of Country and town Planning, No.6, Sannadhi Street, Subramanyar Nagar, Sooramangalam, Salem 636 005.
5. The Assistant Director of Town and Country Planning, Namakkal - 637 001.
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6. The Assistant Director of Rural Development (Panchayat) Namakkal, Namakkal District
7. The Block Development Officer, Village Panchayat Rasipuram,
8. The President Kurukapuram Village Panchayat, Kurukkapuram Post, Rasipuram Taluk, Namakkal District.
...Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the respondents to grant final approval of the layout in S.No.57/1 A2B Kurukkapuram Village, pursuant to the technical approval granted by the 6th respondent in Na.Ka.No.553/2020 dated 18.08.2021.
For Petitioners : Mr.N.Subramanian for Mr.T.Dharani For Respondents 1 to 6 : Mrs.S.Anitha Special Government Pleader For Respondents 7 & 8 : Mr.M.Rajendiren Additional Government Pleader 2/6
O R D E R
The petitioners herein seek a direction to the respondents to grant final approval for their layout in S.No.57/1A2B Kurukapuram Village, pursuant to the technical approval granted by the 6th respondent in a proceedings Na.Ka.No.553/2020 dated 18.08.2021.
2.It is the case of the petitioners that they formed a layout of house plots in the name of Sree Narashimha Nagar and submitted the same for approval of the 6th respondent. The 6th respondent granted his technical approval by his order dated 18.08.2021. The petitioners already executed a gift deed in favour of Local Authority in respect of roads and lands allotted for public purpose. The main grievance of the petitioners is even though the technical approval was granted by the 6th respondent in favour of the petitioner's layout as early as 18.08.2021, the 8th respondent who has to give final approval has not taken any decision even after a lapse of nearly two years. 3.Mrs.S.Anitha, learned Special Government Pleader takes notice for the respondents 1 to 6. Mr.M.Rajendiren, learned Additional Government Pleader takes notice for the respondent 7 & 8. 3/6
4.In view of the said submission made by the petitioners without expressing any opinion on the merits, this Court is inclined is issue a direction to the 8th respondent to consider the application of the petitioners for grant of approval for their layout in S.No.57/1A2B in the light of the technical approval granted by the 6th respondent on 18.08.2021 and pass final orders on merits and in accordance with law within a period of eight weeks from the date of receipt of a copy of this order.
5.With this direction, the writ petition stands disposed of. No costs. 28.08.2023 Index : Yes/No Internet : Yes/No Speaking Order/Non-Speaking Order : Yes/No nti/shl 4/6
To
1. The Secretary, Department of Housing and Urban Developemnt.
Fort. St. George, Chennai
2. The Director of Town and Country Planning, O/o. The Director of Town and Country Planning, No.801, Anna Salai, Chennai
3. The District Collector Namakkal District
4. The Deputy Director of Country and town Planning, No.6, Sannadhi Street, Subramanyar Nagar, Sooramangalam, Salem 636 005.
5. The Assistant Director of Town and Country Planning, Namakkal - 637 001.
6. The Assistant Director of Rural Development (Panchayat) Namakkal, Namakkal District
7. The Block Development Officer, Village Panchayat Rasipuram,
8. The President Kurukapuram Village Panchayat, Kurukapuram Post, Rasipuram Taluk, Namakkal District.
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S.SOUNTHAR , J.
nti/shl W.P No.25242 of 2023 28.08.2023 6/6