Samuel Gnanasudar v. Additional Secretary (Technical)
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 21.12.2024
CORAM:
THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN AND THE HONOURABLE MR.JUSTICE C.KUMARAPPAN Writ Petition No.38187 of 2024 and WMP No.41306 of 2024 Samuel Gnanasudar .. Petitioner Vs.
1. Additional Secretary (Technical) Housing and Urban Development Department, Fort St. George, Secretariat, Chennai 600 009.
2. The Executive Engineer, Zone-11, Greater Chennai Corporation, No.33, Arcot Road, Valasaravakkam, Chennai 600 087.
3. The Assistant Executive Engineer, Zone-11, Greater Chennai Corporation, No.33, Arcot Road, Valasaravakkam, Chennai 600 087.
4. The Assistant Engineer, Zone-11, Greater Chennai Corporation, No.33, Arcot Road, Valasaravakkam, Chennai 600 087.
... Respondents 1/5
Prayer: Writ Petition filed under Article 226 of the Constitution of India praying for, to issue a Writ of Certiorarified Mandamus, calling for the record of the 1st respondent in their letter No.5941902/UD VI (2)/2023-2 dated 11.09.2024 and thereby quash the same and consequently direct the first respondent to condone the minor deviation in the light of the grounds raised in the Revision Petition.
For Petitioner : Mr. R.Thiagarajan For Respondents : Mr.S.John J.Rajasing Additonal Government Pleader, for R1 Mr.G.T.Subramani Standing Counsel, for RR2 to 4 ********
ORDER
(Order of the Court was delivered by R.SUBRAMANIAN, J.) Considering the limited prayer sought for, the Writ Petition is disposed of at the admission stage with the consent of the learned counsel for the parties.
2. Mr.R.Thiagarajan, learned counsel appearing for the petitioner would submit that though there are violations they are minor in nature and if the petitioner is permitted to file a revised plan, he would be able to 2/5
minimize the violations. The proceedings under Section 80(A) of the Tamil Nadu Town and Country Planning Act, 1971 are pending before the Government.
3. It will be open to the petitioner to file a revised plan and if the revised plan falls within the parameters prescribed under the building regulation, the Authority will consider the same and pass orders within a period of twelve weeks from the date of submission of the revised plan. There shall be no order as to costs. Consequently, the connected miscellaneous petition is closed.
(R.SUBRAMANIAN, J.) (C.KUMARAPPAN, J.) 21.12.2024 jv Index: No Speaking order 3/5
To
1. Additional Secretary (Technical) Housing and Urban Development Department, Fort St. George, Secretariat, Chennai 600 009.
2. The Executive Engineer, Zone-11, Greater Chennai Corporation, No.33, Arcot Road, Valasaravakkam, Chennai 600 087.
3. The Assistant Executive Engineer, Zone-11, Greater Chennai Corporation, No.33, Arcot Road, Valasaravakkam, Chennai 600 087.
4. The Assistant Engineer, Zone-11, Greater Chennai Corporation, No.33, Arcot Road, Valasaravakkam, Chennai 600 087.
4/5
R.SUBRAMANIAN, J.
and C.KUMARAPPAN, J.
(jv) Writ Petition No.38187 of 2024 21.12.2024 5/5