Venkataraman v. Regional Director Of Town And Country Planning,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 30.11.2022
CORAM:
THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN AND THE HONOURABLE MR.JUSTICE K.KUMARESH BABU and W.M.P.No.29869 of 2022 1.Venkataraman 2.Rajam 3.Silambarasan
...Petitioners
Vs.
1.Regional Director of Town and Country Planning, Dharmapuri Regional Office, No.83, Pedamaneri Road, Appavu Nagar, Dharmapuri.
2.District Collector, Dharmapuri District, Dharmapuri.
3.Tahsildar, Harur Taluk, Harur, 4.Block Development Officer, Harur, 1/6
5.The President, H:Thottampatti Panchayat, Harur Union,
...Respondents
Prayer : Writ Petition filed under Article 226 of the Constitution of India seeking issuance of a Writ of Certiorarified Mandamus, calling for the records pertaining the impugned cancellation order made in Na.Ka.No.1818/2018/E2 dated 02.08.2018 on the file of the 4th respondent and consequential notice dated Nil on the file of the 5th respondent and quash the same and consequently forbearing the respondents not to interfering with peaceful possession of building in S.No.3/1A 1D2 situated at Patchinampatty Village, H.Doddampatty Panchayat, Harur Taluk, Dharmapuri District till the final orders passed by the 1st respondent in the petitioner's application dated 28.10.2018 with Online Application No.2018010020411157 and Application Ref.No.11157 on merits in accordance with law.
For Petitioners : Mr.N.Naganathan For Respondents : Mr.Vadivelu Deenadayalan, Additional Government Pleader for R1 to R3
O R D E R
(Order of the Court was made by R.SUBRAMANIAN, J.) Though the order under challenge is cancellation of building permission granted to the petitioners, we do not see any necessity to go into 2/6
the validity or otherwise of the same, since much water has flowed under the bridge after the order was passed on 02.08.2018.
2. The petitioners had obtained planning permission from the Panchayat President in 2016 and had put up construction in violation of the said planning permission. Noting that the violation substantial, the Block Development Officer issued the impugned proceedings dated 02.08.2018 cancelling the said permission.
3. A third party by name Ravi approached this Court seeking action against the unauthorized construction put up by the petitioners in W.P.No.16178 of 2018 and this Court also issued a mandamus. Claiming that during the hearing of contempt petition, they came to know the order of cancellation, the petitioners have come up with this writ petition.
4. The petitioners had also approached the Town and Country Planning Department seeking to regularize the building on 22.11.2019. After a deep slumber for nearly 3 years the Deputy Director, Town and 3/6
Country Planning, Dharmapuri rejected the application of the petitioners on 04.11.2022. Upon such rejection, notice under Sections 56 and 57 of Town and Country Planning Act have been issued by the Assistant Director, Town and Country Planning, Dharmapuri.
5. Therefore, we do not see any ground to sustain the challenge made by the petitioners to the order of cancellation passed by the Block Development Officer. We leave it open to the petitioners to avail appropriate legal remedy as against the notice issued under Sections 56 and 57 of the Town and Country Planning Act.
6. Accordingly, this writ petition is dismissed. No costs. Consequently, the connected miscellaneous petition is closed. (R.S.M.,J.) (K.B.,J.) 30.11.2022 dsa Index : No Internet : Yes Speaking order 4/6
To:- 1.Regional Director of Town and Country Planning, Dharmapuri Regional Office, No.83, Pedamaneri Road, Appavu Nagar, Dharmapuri.
2.District Collector, Dharmapuri District, Dharmapuri.
3.Tahsildar, Harur Taluk, Harur, 4.Block Development Officer, Harur, 5.The President, H:Thottampatti Panchayat, Harur Union, 5/6
R.SUBRAMANIAN, J.
and K.KUMARESH BABU, J.
dsa 30.11.2022 6/6