Madras High CourtWP/32082/2024disposed of

A.M.Xavier v. The Principal Secretary To Government,

2024-10-28Honourable Mr Justice D. Krishnakumar,Honourable Mr Justice P.B. Balaji4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 28.10.2024

CORAM:

THE HON'BLE MR.JUSTICE D. KRISHNAKUMAR AND THE HON'BLE MR.JUSTICE P.B. BALAJI A.M.Xavier ... Petitioner versus 1.The Principal Secretary to Government, Municipal Administration and Water Supply Department, Secretariat, Chennai-600009.

2.The Member Secretary/Commissioner, Udhagamandalam Municipality, Udhagamandalam Local Planning Authority, Udhagamandalam, Nilgris District.

... Respondents PRAYER: Writ Petitions filed under Article 226 of the Constitution of India, for the issuance of a Writ of Mandamus, directing the first respondent to dispose of the appeal filed by the petitioner dated 13.02.2023 within a stipulated period and pass orders.

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For Petitioner : Mr.S.Arivazhagan For Respondents 1 and 2 : Dr.T.Seenivasan Special Government Pleader for respondents 1 and 2

ORDER

(Made by D. KRISHNAKUMAR, J.) Writ petition is filed for a direction to the first respondent to dispose of the appeal filed by the petitioner dated 13.02.2023 within a stipulated period.

2. According to the petitioner, the petitioner has preferred an appeal petition dated 13.02.2023 under Section 80-A of the Tamil Nadu Town and Country Planning Act, 1971. The said appeal is still pending before the first respondent/the Principal Secretary to Government, Municipal Administration and Water Supply Department. Hence the petitioner has filed the present writ petition for a direction to the first respondent to dispose of the same at the earliest. 2/4

3. Considering the limited scope of the prayer as sought for by the writ petitioner, without going into the merits of the case, this Court is inclined to direct the first respondent to consider the appeal petition dated 13.02.2023 filed by the petitioner on its own merits and in accordance with law and pass orders, as early as possible, within a period of eight weeks from the date of receipt of a copy of this order.

4. With the above directions, the writ petition stands disposed of. There shall be no order as to costs.

(D.K.K., J.) (P.B.B., J.) 28.10.2024 Index : Yes/No mrn To 1.The Principal Secretary to Government, Municipal Administration and Water Supply Department, Secretariat, Chennai-600009.

2.The Member Secretary/Commissioner, Udhagamandalam Municipality, 3/4

Udhagamandalam Local Planning Authority, Udhagamandalam, Nilgris District.

D. KRISHNAKUMAR, J.

and P.B. BALAJI, J.

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