K.Makeswaran v. The Divisional Engineer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 06.09.2024

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN W.P.No.26507 of 2024 1.K.Makeswaran 2.P.Jeyalakshmi ....

Petitioners Vs

1. The Divisional Engineer, Highways, Construction and Maintenance, Gobichettipalayam,

2. The Local Planning Authority, O/o.Town and Country Planning, Sampath Nagar, Erode, Erode District.

3. The Tahsildar, Perundurai Taluk, Perundurai, Erode District.

4. The Village Administrative Officer, Pallapalayam Village, Pallapalayam, Perundurai Taluk, ....

Respondents Prayer : Writ Petition filed under Article 226 of Constitution of India praying for the issuance of a Writ of Mandamus, directing the 2nd respondent to consider and issue layout approval for the land situated in R.S.No.40/7A1, (subsequently as per Sub Division the Survey Number mentioned as R.S.No. 40/7A1C), Pallapalayam Village, Perundurai

Taluk, Erode District to the extent of 30 cents by taking note of the 1st respondent certificate issued communication in his proceedings Na.Ka.No/1182/2023/E.Va.A.1, dated 11.08.2023. For Petitioner : M/s.R.Hemalatha For Respondents : Mr.C.Kathiravan Special Government Pleader

ORDER

This writ petition has been filed for a direction, directing the second respondent to consider and issue layout approval for the land situated in R.S.No.40/7A1, Pallapalayam Village, Perundurai Taluk, Erode District, to an extent of 30 cents by taking note of the certificate issued by the first respondent by proceedings dated 11.08.2023.

2. Heard the learned counsel appearing on either side and perused the materials available on record.

3. The petitioner filed an application for layout approval for the land comprised in R.S.No.40/7A1. Subsequently, it was sub divided as R.S.No.40/7A1C, situated at Pallapalaym Village, Perundurai Taluk, Erode District. In fact, the first respondent certified that in front of the subject land a road with a width of 9.25 Meters is being maintained by the first respondent.

4. In view of the above, the second respondent is directed to

consider the application submitted by the petitioner for layout approval of the property comprised in R.S.No.40/7A1, which was subsequently sub divided as R.S.No.40/7A1C, situated at Pallapalaym Village, Perundurai Taluk, Erode District, on merits and in accordance with law, within a period of four weeks from the date of receipt of a copy of this order.

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

06.09.2024 Internet: Yes Index : Yes/No Lpp To

1. The Divisional Engineer, Highways, Construction and Maintenance, Gobichettipalayam,

2. The Local Planning Authority, O/o.Town and Country Planning, Sampath Nagar, Erode, Erode District.

G.K.ILANTHIRAIYAN. J, Lpp

3. The Tahsildar,

Perundurai Taluk, Perundurai, Erode District.

4. The Village Administrative Officer, Pallapalayam Village, Pallapalayam, Perundurai Taluk, 06.09.2024