Madras High CourtWP/9179/2016disposed of

E.J.Paul v. Chennai Metropolitan

2016-03-11Honourable Mr Justice T. S. Sivagnanam2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.3.2016 C O R A M THE HONOURABLE MR. JUSTICE T.S.SIVAGNANAM W.P.No.9179 of 2016 and WMP.No.8186 of 2016

1. E.J.Paul

2. Mrs.Sheila Jones Paul Petitioners Vs

1. Chennai Metropolitan Development Authority, Rep.by its Member Secretary No.1, Gandhi Irwyn Road, Egmore, Chennai -8

2. Kundrathur Panchayat Union Rep.by its Commissioners Padapai, Kancheepuram District Respondents Writ Petition filed under Article 226 of the Constitution of India, praying to issue a writ of mandamus directing the second respondent to consider and pass orders in accordance with law on the petitioners application for grant of planning permission dated 10.02.2015 for the proposed construction to be put up at Survey No.25/1, Mowlivakkam Village, Sriperumpudur Taluk expeditiously.

For Petitioner ...

Mr.S.Rajasekaran For R1 ...

Mr. M.Karthikeyan For R2 ...

Mr.R.Rajeswaran, Special Government Pleader

O R D E R

The petitioner applied for planning permission for construction of residential building in S.No. 25/1, Mowlivakkam Village, Sriperumpudur Taluk. The application was returned by the second respondent by proceedings dated 02.03.2015 for want of production of certain documents and the same was duly complied with by the petitioner. Subsequently, by proceedings dated 18.9.2015, the first respondent again returned the application for want of approved layout plan and patta. The https://hcservices.ecourts.gov.in/hcservices/

petitioner resubmitted the application enclosing a copy of approved layout and patta by registered Post along with letter dated 07.11.205.

2. The petitioner would state that he was constrained to send it through registered post since the office of the second respondent did not receive application in person. This submission cannot be sustained. In any event, since the petitioner has obtained requisite documents, he has to resubmit the same in-person, before the second respondent.

3. Accordingly, the petitioner is directed to appear before the second respondent along with a copy of this order and submit all the documents called for and if the same is submitted to the satisfaction of the second respondent, his application for planning permission shall be processed in accordance with law, within a period of eight weeks from the date of submission of the documents in full form.

4. The writ petition is disposed of accordingly. No costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar ga To

1. Member Secretary, Chennai Metropolitan Development Authority, No.1, Gandhi Irwyn Road, Egmore, Chennai -8

2. Commissioners, Kundrathur Panchayat Union Padapai, Kancheepuram District + 1 cc to Mr.D.S. Rajasekaran, Advocate Sr.15856 W.P.No.9179 of 2016 RSY(CO) EU 23.03.16 https://hcservices.ecourts.gov.in/hcservices/