M/S.Green Earth Reality Private Limited Company v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 16.11.2022
CORAM
THE HON'BLE MR. JUSTICE P.D. AUDIKESAVALU M/s. Green Earth Reality Private Limited Company Represented by its authorized Signatory Mr. N.Prem Kumar No.D-10/3/1, Missinery Hill Thalayati Manthu Road Udagamandalam Town The Nilgiris District.
... Petitioner -vs1. The District Collector Office of District Collector No.171, Chuech Hill Road Near Charing Cross Pudumund, Ooty Nilgiris (District) Tamil Nadu - 634 001.
2. The Commissioner Udagamandalam Municipality Office Commissioner Road Udagamandalam - 634 001 Nilgiries (District)
3. The Chairman Local Planning Committee Udagamandalam - 634 00 Nilgiries (District) ... Respondents Prayer:- Writ Petition filed under Article 226 of the Constitution of India, 1950, praying to issue a Writ of Mandamus, to direct the Respondents to pass 1/5
orders on the Petitioner company application dated 03.08.2022 to seeking renewal of building plan license to construct a residential house at No.D-10/3/1, Missionary Hill, Thalayati Manthu Road, Udhagamandalam Town, The Nilgirs within time frame fixed by this Court. For Petitioner : Mr. T.C.Gopalakrishnan For Respondents : Mr. T.Arunkumar (For R1 and R3) Additional Government Pleader Mr. P.Srinivas (For R2)
O R D E R
Heard Mr. T.C.Gopalakrishnan, Learned Counsel for the Petitioner and Mr. T.Arunkumar, Learned Additional Government Pleader appearing for the First and Third Respondents and Mr. P.Srinivas, Learned Counsel takes notice for the Second Respondent and perused the materials placed on record, apart from the pleadings of the parties.
2.
The grievance ventilated by the Petitioner is that it had made a representation dated 03.08.2022 to the First Respondent for renewal of building plan approval licence, but as no action has been taken thereon, the Writ Petition has been filed.
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3.
Having regard to the limited nature of relief sought, this Court without expressing any view on the correctness or entitlement of the claim made by the Petitioner, passes the following order:- (i) the concerned authority shall immediately examine the representation dated 03.08.2022 made by the Petitioner including ascertaining as to whether the Petitioner would be entitled for the relief claimed; (ii) if it is found that any other details or supporting documents is necessary, the deficiencies in that regard shall be informed in writing to the Petitioner requiring the same to be furnished within a time frame of not less than 15 days for the same;
(iii) in the event of not being satisfied with the requirements even thereafter, an enquiry shall be conducted affording full opportunity of personal hearing to the Petitioner to explain its position in that regard; and (iv) a reasoned order shall be passed dealing with each of the contentions raised on merits and in accordance with law and the decision taken communicated by 31.01.2023 under written acknowledgment. 3/5
4.
In the result, the Writ Petition is disposed on the aforesaid terms. No costs.
16.11.2022 Maya Index: Yes/No Note: Issue order copy by 30.11.2022.
To
1. The District Collector Office of District Collector No.171, Chuech Hill Road Near Charing Cross Pudumund, Ooty Nilgiris (District) Tamil Nadu - 634 001.
2. The Commissioner Udagamandalam Municipality Office Commissioner Road Udagamandalam - 634 001 Nilgiries (District)
3. The Chairman Local Planning Committee Udagamandalam - 634 00 Nilgiries (District) 4/5
P.D. AUDIKESAVALU, J.
Maya 16.11.2022 5/5