M.Ashok Kumar v. The Secretary To Government

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 04.11.2022

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN AND THE HONOURABLE MR.JUSTICE K.KUMARESH BABU and W.M.P.Nos.27780 to 27782 of 2022 M.Ashok Kumar

...Petitioner

Vs.

1.The Secretary to Government, Municipal and Administration Department, Fort St.George, Chennai - 600 009.

2.The Secretary to Government, Rural Development Department, Fort St.George, Chennai - 600 009.

3.The Director of Town and Country Planning, Chepauk, Chennai.

4.The District Collector, 5.The Assistant Director, Rural Development Department, 1/6

6.The Assistant Director / Member Secretary, District Town and Country Planning, 7.The Block Development Officer (Village Panchayat), Ayothyapattinam Panchayat Union, Ayothyapattinam, 8.The Village Panchayat President, Udaipatty Village Panchayat, Udaiyapatty, 9.The Managing Director, M/s.Arthanari Loom Centre (Textile) Pvt. Ltd., No.78, Kalarampatty, Erumapalayam, Salem District - 636 016.

..Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India seeking issuance of Writ of Certiorarified Mandamus, to quash the proceedings of the 3rd respondent in Na.Ka.No.9761/2022/TCP dt. 14.05.2022 and proceedings of the 6th respondent in Na.Ka.No.1578/2022 (nr/gh/41 ehs; 15.06.2022 and direct the respondents 1 to 8 to demolish the illegal construction and unauthorized construction made S.No.7/2 and 7/3B Ayothya Pattinam Panchayat Union, Udaiyapatty Village, Salem District.

2/6

For Petitioner : Mr.C.Thangamani For Respondents : Mr.V.Nanmaran Additional Govt. Pleader for R1, R2, R4 & R5 Mr.Vadivelu Deenadayalan Special Government Pleader for R3 & R6 Mr.S.Arumugam for R7 & R8

O R D E R

(Order of the Court was made by R.SUBRAMANIAN, J.) The petitioner challenges the planning approval granted by the Director of Town and Country Planning and the Assistant Director / Member Secretary of the District Town and Country Planning, Salem. 2.The said planning permission granted is appealable under Section 79 of the Tamil Nadu Town and Country Planning Act. Hence, this Writ Petition is dismissed, leaving it open to the petitioner to file an appeal. No costs. Consequently, connected miscellaneous petitions are closed. (R.S.M.,J.) (K.B.,J.) 04.11.2022 kkn Internet:No Index:Yes Speaking 3/6

To:- 1.The Secretary to Government, Municipal and Administration Department, Fort St.George, Chennai - 600 009.

2.The Secretary to Government, Rural Development Department, Fort St.George, Chennai - 600 009.

3.The Director of Town and Country Planning, Chepauk, Chennai.

4.The District Collector, 5.The Assistant Director, Rural Development Department, 6.The Assistant Director / Member Secretary, District Town and Country Planning, 7.The Block Development Officer (Village Panchayat), Ayothyapattinam Panchayat Union, Ayothyapattinam, 4/6

8.The Village Panchayat President, Udaipatty Village Panchayat, Udaiyapatty, 9.The Managing Director, M/s.Arthanari Loom Centre (Textile) Pvt. Ltd., No.78, Kalarampatty, Erumapalayam, Salem District - 636 016.

5/6

R.SUBRAMANIAN, J.

and K.KUMARESH BABU, J.

KKN and W.M.P.Nos.27780 to 27782 of 2022 04.11.2022 6/6