J.S.Auto Cast Foundry India Pvt Ltd v. The Member Secretary
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated: 02..11..2018
CORAM
THE HON'BLE MR.JUSTICE V.BHARATHIDASAN Writ Petition No.28671 of 2018 J.S.Auto Cast Foundry India Private Limited, Rep. by its Managing Director, S.Jeevanantham, S/o.Subramanian, S.F.No.165/1, Sembagounden Pudur, Kuppepallayam, Coimbatore District 641146.
... Petitioner -Versus1.The Member Secretary, Coimbatore Local Planning Authority, Corporation Shopping Complex, First Floor, Raju Naidu Street, Sivananda Colony, Coimbatore 641012.
2.The Executive Authority, Kuppepalayam Panchayat, Annur Taluk, Coimbatore District.
... Respondents Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus directing the respondents to consider the petitioner's application for grant of building permission submitted through online vide Application dated 01.08.2018 No.201800302029151 in Form No.1 under Section 49 of the Tamil Nadu Town and Country Planning Act, 1971 and issue building permit for its industrial building proposed to be constructed in S.F.Nos.530, 535 and 536 at Sengalipalayam, Kuppepalayam Village, Annur Taluk, Coimbatore District within a time frame to be fixed by this court. For Petitioner : Mr.V.P.Sengottuvel For Respondents : Mrs.K.Bhuvaneswari, AGP for R1 and R2
ORDER
This writ petition has been filed seeking a direction to the respondents in the nature of writ of mandamus for considering the application of the petitioner in Application No.201800302029151 dated 01.08.2018 submitted through on-line in Form No.1 under Section 49 of the Tamil Nadu Town and Country Planning Act, 1971 and issuance of building permit for its industrial building proposed to be constructed in S.F.Nos.530, 535 and 536 at Sengalipalayam, Kuppepalayam Village, Annur Taluk, Coimbatore District.
2. The case of the petitioner is that they are manufacturing industry involved in the manufacturing iron castings and having their existing industrial unit in S.F.No.165/1, at Sembagagoundenpudur Kuppepalayam in Coimbatore District. The petitioner company intended to expand their business in their land measuring an extent of 9.68 Acres of land in S.Nos.530, 535 and 536 at Sengalipalayam and filed an application seeking for building permit. The grievance of the petitioner is that the application dated 01.08.2018 submitted by the petitioner company through on line seeking building permit, which was also accepted, has not been so far considered by the 1st respondent, hence the writ petition.
3. Heard both sides and also perused the records carefully.
4. In the light of the fact that the application submitted by the petitioner company through on line on 01.08.2018 is pending with the 1st respondent , without going into the merits of the case, this court directs the 1st respondent to consider the application of the petitioner for building permission and to pass appropriate orders thereof on merits and in accordance with law within a period of two weeks from the date of receipt of a copy of this order.
5. In the result, this writ petition is disposed of with the above directions. No Costs.
Sd/- Assistant Registrar(CS IX) //True Copy// Sub Assistant Registrar kmk
To 1.The Member Secretary, Coimbatore Local Planning Authority, Corporation Shopping Complex, First Floor, Raju Naidu Street, Sivananda Colony, Coimbatore 641012.
2.The Executive Authority, Kuppepalayam Panchayat, Annur Taluk, Coimbatore District.
+2cc to Mr.V.P.Sengottuvel, Advocate SR.NO.76181 +1cc to Government Pleader SR.NO.76812 sm:22.11.2018 W.P.No.28671 of 2018