Sri Mahalakshmi Nagar v. The Government Of Tamil Nadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 16.11.2022
CORAM
THE HON'BLE MR. JUSTICE P.D. AUDIKESAVALU Sri Mahalakshmi Nagar Industrial Association Represented by its President Mr. S.P.Jaganathan No.21, Sri Mahalakshmi Co-operative Nagar Kundrathur Chennai - 600 069.
... Petitioner -vs1. The Government of Tamil Nadu Represented by its Principal Secretary to Government Housing and Urban Development Department III Floor, Secretariat Chennai - 600 009.
2. The Government of Tamil Nadu Represented by its Principal Secretary to Government Principal Secretary of Minister for Micro, Small Medium Enterprises (MS & ME) Rural Industries including cottage industries, small industries, Tamil Nadu, Urban Habitat Development Board Fort St. George, Secretariat Chennai - 600 009.
3. The Director Directorate of Town and Country Planning Fourth Floor, No.807 Anna Salai, Chennai - 600 002.
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4. The District Collector of Kanchipuram O/o. District Collector of Kanchipuram Thayarkulam, Vandavasi Salai Kanchipuram - 631 501.
5. The Member Secretary Chennai Metropolitan Development Authority (CMDA) No.1, Gandhi Irwin Road Thalamuthu Natarajan Building Egmore, Chennai - 600 008.
6. The Commissioner Kunrathur Municipality No.1, Lalachatram Road Kundrathur, Chennai - 600 069 Kanchipuram District.
... Respondents Prayer:- Writ Petition filed under Article 226 of the Constitution of India, 1950, praying to issue a Writ of Mandamus, directing the Fifth Respondent to consider the Petitioner representation dated 20.10.2022. For Petitioner : Mr. P.K.Ganesh For Respondents : Mr. T.Arun Kumar Additional Government Pleader (For R1 and R2) Mrs. N.Senthil Selvi (For R3 and R4) Mr. V.Manoharan (For R5) Mr. P.Srinivas (For R6) 2/6
O R D E R
Heard Mr. P.K.Ganesh, Learned Counsel for the Petitioner, Mr. T.Arun Kumar, Learned Additional Government Pleader, who takes notice for the First and Second Respondents, Mrs. N.Senthil Selvi, Learned Counsel, who takes notice for the Third and Fourth Respondents, Mr. V.Manoharan, Learned Counsel, who takes notice for the Fifth Respondent and Mr. P.Srinivas, Learned Counsel for the Sixth Respondent and perused the materials placed on record, apart from the pleadings of the parties. 2.
The grievance ventilated by the Petitioner is that he has made a representation dated 20.10.2022 to the Respondents for conversion of a residential zone into industrial zone, but as no action has been taken thereon, the Writ Petition has been filed.
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:- 3/6
(i) the concerned authority shall immediately examine the representation dated 20.10.2022 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 and all other persons concerned to explain their 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 31.03.2023 under written acknowledgment. 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 01.12.2022.
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To
1. The Government of Tamil Nadu Represented by its Principal Secretary to Government Housing and Urban Development Department III Floor, Secretariat Chennai - 600 009.
2. The Principal Secretary to Government of Tamil Nadu Principal Secretary of Minister for Micro, Small Medium Enterprises (MS & ME) Rural Industries including cottage industries, small industries, Tamil Nadu, Urban Habitat Development Board Fort St. George, Secretariat Chennai - 600 009.
3. The Director Directorate of Town and Country Planning Fourth Floor, No.807 Anna Salai, Chennai - 600 002.
4. The District Collector of Kanchipuram O/o. District Collector of Kanchipuram Thayarkulam, Vandavasi Salai Kanchipuram - 631 501.
5. The Member Secretary Chennai Metropolitan Development Authority (CMDA) No.1, Gandhi Irwin Road Thalamuthu Natarajan Building Egmore, Chennai - 600 008.
6. The Commissioner Kunrathur Municipality No.1, Lalachatram Road Kundrathur, Chennai - 600 069 Kanchipuram District.
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P.D. AUDIKESAVALU, J.
Maya 16.11.2022 6/6