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Madras High CourtWP/28112/2024disposed of

A.Arumugam v. The Director Of Town And Country Planning

2024-09-25Honourable Mr Justice G.K. Ilanthiraiyan6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 25.09.2024

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN and W.M.P.No.30663 of 2024 A.Arumugam ... Petitioner Vs

1. The Director Of Town And Country Planning, O/o.The Director Of Town And Country Planning, No.807 Anna Salai, Chennai 600002.

2. The Joint Director, Office Of Town And Country Planning, Chennimalai Road, Erode 638002.

3. The Commissioner, Gobichettipalayam Municipality, Gobichettipalayam, Erode District.

4. V.R.Subrmaniam

5. S.Elacheziyan

6. Geetha Elacheziyan

7. S.Thalapathi Ramkumar ... Respondents

Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus, directing the Respondents 1 to 3 herein to forthwith consider and pass orders on the Representation dated 03.03.2023 submitted by the petitioner to maintain the land originally classified in the approved Layout Approval in Ma.Va. / Na.U.E.No 306 / 92 dated 11.03.1992 as Revised Plan Approval layout in Ma.Va./Na.U.E.No.749 / 95 dated 26.06.1995 which is purchased by the respondents 4 to 7.

For Petitioner : Mr.A.Sundaravadhanan For R1 and R2 : Mr.V.Manoharan Additional Government Pleader For R3 : Mr.B.Anand

ORDER

This writ petition has been filed for direction directing the Respondents 1 to 3 herein to forthwith consider and pass orders on the Representation dated 03.03.2023 submitted by the petitioner, thereby raised objections for granting building and planning permission to the respondents 4 to 7 herein.

2. Heard and perused the materials available on record.

3. According to the petitioner, the subject land which was subjected for building and planning permission by the respondents 4 to 7 herein is meant for road as per the approved layout dated 11.03.1992 and revised plan approval dated 26.06.1995 and as such, the respondents 4 to 7 cannot be permitted to put up any construction.

4. The learned Additional Government Pleader appearing for the respondents 1 and 2 herein submitted that on oral instructions, the respondents 4 to 7 were already granted building and planning permission in respect of the subject land for construction of marriage hall. However, no order has been produced.

5. In view of the above, the third respondent is directed to consider the objections raised by the petitioner, after issuance of notice to the petitioner and the respondents 4 to 7 herein for building and planning permission in respect of the subject property and after giving an opportunity of hearing to them, pass orders on merits and in accordance with law, within a period of twelve weeks from the date of receipt of a

copy of this order, if not already granted. If the respondents 4 to 7 were already granted building and planning permission, the petitioner is at liberty to challenge the same in accordance with law.

6. With the above directions, this writ petition is disposed of. Consequently, connected Miscellaneous petition is closed. There shall be no order as to costs.

25.09.2024 Internet: Yes Index : Yes/No Speaking/Non Speaking order mn

To

1. The Director Of Town And Country Planning, O/o.The Director Of Town And Country Planning, No.807 Anna Salai, Chennai 600002.

2. The Joint Director, Office Of Town And Country Planning, Chennimalai Road, Erode 638002.

3. The Commissioner, Gobichettipalayam Municipality, Gobichettipalayam, Erode District.

G.K.ILANTHIRAIYAN. J, mn 25.09.2024