Parimala v. Government Of Tamil Nadu

In the High Court of Judicature at Madras Dated : 10.10.2018 Coram The Honourable Mr.Justice K.K. SASIDHARAN AND The Honourable Mr.Justice R. SUBRAMANIAN W.P.No.26791 of 2018

1. Parimala

2. Sebastin Rajesh .... Petitioners vs

1) Government of Tamil Nadu rep by its Secretary, Housing and Urban Development Department, Fort St. George, Chennai - 600 009

2) The Commissioner, Corporation of Madras, Rippon Building, Park Town, Chennai - 600 003

3) The Executive Engineer, Greater Chennai Corporation, Zone No.V, No.61, Basin Bridge Road, Royapuram, Chennai - 600 021 ... Respondents Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus to direct the respondents, particularly the third respondent, to process the building planning application in PPA/WDCNO5/05143/2018 dated 13.07.2018 submitted by the petitioners on it's representation by the petitioners and to pass appropriate orders. For Petitioners :

Mr.Maruthachalamoorthy for Mr.K. Prabhakaran For R.1 :

Ms.M. Lalitha Govt. Advocate For R.2 & R.3 :

Mr.R. Arunmozhi

ORDER

(Order of the Court was delivered by K.K. SASIDHARAN, J.) The petitioners have filed the writ petition for issuance of a Writ of Mandamus to direct the respondents particularly, the third respondent, to process the building planning application in PPA/WDCNO5/05143/2018 dated 13.07.2018. 2.

Heard the learned counsel for the petitioners and the learned counsel for the respondents.

3.

The application submitted by the petitioners for planning permission was returned by the third respondent as per the proceedings in PPA/WDCNO5/05143/2018 dated 13.07.2018. The petitioners, without re-presenting the papers, filed this writ petition. The petitioners re-submitted the application only on 06.10.2018. The writ petition was filed on 05.10.2018 even before resubmitting the papers. Therefore, we are of the view that the petitioners are not entitled to an equitable order in this Writ Petition.

4.

We, therefore, dismiss the writ petition with liberty to the petitioners to approach this Court after a reasonable period, in case, no action is taken by the third respondent. No costs.

Sd/- Assistant Registrar(CS-VI) //True copy// Sub Assistant Registrar Sr To

1) The Secretary to Government of Tamil Nadu Housing and Urban Development Department, Fort St. George, Chennai - 600 009

2) The Commissioner, Corporation of Madras, Rippon Building, Park Town, Chennai - 600 003

3) The Executive Engineer, Greater Chennai Corporation,

Zone No.V, No.61, Basin Bridge Road, Royapuram, Chennai - 600 021 +1cc to Mr.R.Arunmozhi, Advocate SR.No.70100 +2cc to Mr.K.Prabhakaran, Advocate SR.No.70832 +1cc to Government Pleader SR.No.70535 W.P.No.26791 of 2018 NM(CO) GMY(14/11/2018)