A.Shanmugam, v. The Deputy Director,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 01.08.2023 CORAM :
THE HONOURABLE MR.JUSTICE V. LAKSHMINARAYANAN A.Shanmugam .. Petitioner The Deputy Director Town and Country Planning 83, Pedamaneri Road Appavu Nagar, Dharmapuri-636 701.
.. Respondent Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the Respondent to process and Regularize the plots in the unapproved layout drawn by the Petitioner based on the Petitioner's Regularization Application dated 24.04.2018 and his representation dated 01.11.2019, within a time frame fixed by this Court.
For Petitioner : Mr.V.Sakkarapani For Respondent : Mr.V.Ramesh, Government Advocate 1/4
O R D E R
This writ petition seeks for a direction to dispose of the representation dated 24.04.2018. The petitioner's father had purchased the property in the year 22.02.1956. He claims that his father had alienated the property in his favour by way of a registered Will. The petitioner's brother contested the title of the petitioner which constrained the petitioner to move a suit for declaration of title and for injunction. The said suit was decreed and the appeal preferred therefrom was also dismissed.
2.According to the learned counsel for the petitioner, the decree has attained finality. After the dismissal of the suit and the appeal, another suit has been presented in O.S.No.85 of 2019. In the meanwhile, the Government of Tamil Nadu came up with the scheme for regularisation of unapproved plots and layout on payment of regularisation fee. The petitioner made an application that the same was not considered. Hence, he has come forward with the writ of mandamus. I am not going into the merits of the dispute as the prayer only seeks for disposal of the representation. I direct the respondent to consider the application for regularisation of the layouts and pass orders on the same within a period of twelve (12) weeks from the date of receipt of a copy of 2/4
this order. It is needless to state prior to passing of the order, the petitioner and such other persons interested in the lands will be heard. 3.This writ petition is disposed of. No costs. 01.08.2023 Index:Yes/No (3/3) Speaking order/Non-speaking order To The Deputy Director Town and Country Planning 83, Pedamaneri Road Appavu Nagar, Dharmapuri-636 701.
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V. LAKSHMINARAYANAN,J.
01.08.2023 (3/3) 4/4