Madras High CourtWP/32226/2019disposed of

Saanthamani v. The Tashildhar

2019-11-15Honourable Dr Justice G. Jayachandran3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated:15.11.2019 Coram:

THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN Writ Petition No.32226 of 2019 1.Saanthamani 2.Vannila 3.Poovaal .. Petitioners /versus/ 1.The Tashildhar, Tashildhar Office, 2.The Village Administrative Officer, Vellaanaipatti Vilage, .. Respondents Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus to direct the first respondent to consider the representation dated 21.08.2019 made by the petitioner herein and to issue of No Objection Certificate within the stipulated time that may be fixed by this Court.

For Petitioner :Mr.P.Tamilavel For Respondents:Mr.S.N.Parthasarathy, GA for R1 and R2 ------

ORDER

By consent, the writ petition is taken up for final disposal at the admission stage itself.

2. Heard Mr.P.Tamilavel, learned counsel appearing for the petitioner and Mr.S.N.Parthasarathy, learned Government Advocate, who takes notice for respondents 1 and 2. 3.This Writ Petition has been filed seeking Mandamus to direct the first respondent to consider the representation

dated 21.08.2019 made by the petitioner herein and to issue No Objection Certificate within the time fixed by this Court. 4.The case of the petitioners is that the properties in S.Nos.290/3, 290/2, 2902B1 and 290/3A1 are owned by the first petitioner's husband Murugan. The said Murugan died on 06.10.2006 leaving behind his mother, widow and daughter. The petitioners have made a representation to the Tahsildar and Village Administrative Officer, Annoor Taluk, seeking No Objection Certificate to get DTCP approval by converting the land into the residential plots. The said representation dated 21.08.2019 has been received by the respondents on 03.09.2019. Since till date no order has been passed on the request of the petitioners, the present writ petition is filed. 5.The learned Government Advocate appearing for respondents 1 and 2 would submit that if the petitioners presents all the relevant documents and if the land is fit for converting into the residential plots, then the issuance of No Objection Certificate will be considered in accordance with law.

6.The learned counsel appearing for the petitioners would submit that the petitioners have already submitted all the relevant records.

7.Hence, without adverting to the disputed fact, the petitioners is directed to submit the copy of the representation dated 21.08.2019 along with all the records necessary for seeking No Objection Certificate and on receipt of the representation and records, the first respondent shall pass appropriate orders in accordance with law, within a period of six weeks from the date of receipt of the representation.

8.With the above direction, the Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar ari To:

1.The Tashildhar, Tashildhar Office,

2.The Village Administrative Officer, Vellaanaipatti Vilage, +1cc to Mr.P.Tamilavel, Advocate SR.95222 +1cc to the Government Pleader SR.96059 W.P.No.32226 of 2019 SPD(CO) CB(16/12/2019)