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Madras High CourtWP/28559/2024disposed of

The Sindhu Seva Samidhi Trust v. The Member Cum Secretary

2024-09-30Honourable Mr Justice G.K. Ilanthiraiyan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 30.09.2024

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN The Sindhu Seva Samidhi Trust rep. by its President, Palaniswamy O/o.Sardha Vidhayalay Matriculation Higher Secondary School Campus, Pandiyar Nagar, P.N.Road, Tiruppur - 641 602.

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Petitioner Vs 1.The Member cum Secretary, O/o.Tiruppur Town and Country Planning, No.377, Kamarajar Salai, Tiruppur - 641 604.

2. The Commissioner, Tiruppur Municipal Corporation, Mangalam Road, Tiruppur - 641 604.

3. The Assistant Commissioner, Zone 2, Tiruppur Corporation, Tiruppur - 641 802.

.....

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 herein to issue road maintenance certificate to the petitioner

trust for obtaining planning permission from the 1st respondent in respect "Othaline Veedhi (bearing SF No.105) which is approach road to the petitioner's proposed school building to be constructed in the lands bearing Survey No.119/1C4 and land bearing Survey No.120/3B1B, Neruppalichal Village, Pandian Nagar, PN Road, Tiruppur, North Taluk, Tiruppur District, considering the representation preferred by the petitioner dated 21.07.2023.

For Petitioner : Mr.M.Venkadeshan For R1 : Mr.N.Naveen Kumar Government Advocate.

For R2 & R3 : Mr.Abishek Murthy Standing Counsel

ORDER

This Writ Petition has been filed for a direction, directing the 2nd respondent herein to issue road maintenance certificate to the petitioner trust for obtaining planning permission from the 1st respondent in respect of "Othaline Veedhi (bearing SF No.105), which is approach road to the petitioner's proposed school building, to be constructed in the lands bearing Survey No.119/1C4 and land bearing Survey No.120/3B1B, Neruppalichal Village, Pandian Nagar, PN Road, Tiruppur, North Taluk, Tiruppur District, by considering the representation of the petitioner dated 21.07.2023.

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

3. Without expressing any opinion on the merits of the writ petition, the second respondent is directed to consider the representation of the petitioner seeking road maintenance certificate for the proposed construction of School building in the lands comprised in Survey No.119/1C4 and Survey No.120/3B1B, situated at Neruppalichal Village, Pandian Nagar, PN Road, Tiruppur, North Taluk, Tiruppur District, and pass orders on merits and in accordance with law, within a period of four weeks from the date of receipt of a copy of this order.

4. With the above direction, this Writ Petition stands disposed of. No costs.

30.09.2024 Internet: Yes Index : Yes/No Speaking/Non Speaking order Lpp

G.K.ILANTHIRAIYAN. J, Lpp To 1.The Member cum Secretary, O/o.Tiruppur Town and Country Planning, No.377, Kamarajar Salai, Tiruppur - 641 604.

2. The Commissioner, Tiruppur Municipal Corporation, Mangalam Road, Tiruppur - 641 604.

3. The Assistant Commissioner, Zone 2, Tiruppur Corporation, Tiruppur - 641 802.

30.09.2024