Madras High CourtWP(MD)/635/2020disposed of

G.Ramesh v. State Of Tamil Nadu

2020-01-10Honourable Mr Justice M.Duraiswamy,Honourable Mr Justice T. Ravindran3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 10.01.2020

CORAM:

THE HONOURABLE MR.JUSTICE M.DURAISWAMY and THE HONOURABLE MR.JUSTICE T.RAVINDRAN G.Ramesh ... Petitioner -vs1.State of Tamil Nadu rep.by its Principal Secretary to Government Secretariat, Housing and Urban Development Department Chennai-600 009 2.The Commissioner Town and Country Planning Opp.to LIC Chengalvarayan Building 4th Floor No.807, Anna Salai Chennai-600 002 3.The Regional Deputy Director Town and Country Planning Madurai Region No.4, Hakkeem Ajmalkhan Road Chinna Chokkikulam Madurai-2 4.The Member Secretary / Municipal Commissioner Kodaikanal Local Planning Authority Kodaikanal Municipality Kodaikanal Dindigul District ... Respondents 1/3

PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of mandamus directing the 1st respondent to consider the petitioner's Appeal filed u/s. 80-A of Tamil Nadu Town and Country Planning Act, 1971 dated 16.12.2019, within a time frame fixed by this Court.

For Petitioner : Ms.P.Kalaiyarasi Bharathi For Respondents: Mr.K.Chellapandian Additional Advocate General assisted by Mr.V.R.Shanmuganathan Special Government Pleader for R1 to R3 Mr.T.S.Mohamed Mohideen Standing Counsel for R4

O R D E R

[Order of the Court was made by M.DURAISWAMY, J.] The petitioner has filed the above writ petition to issue a writ of mandamus directing the first respondent to consider his Appeal filed under Section 80-A of the Tamil Nadu Town and Country Planning Act, 1971, dated 16.12.2019, within a time frame fixed by this Court.

2. It is the case of the petitioner that though he has filed the appeal on 16.12.2019, before the first respondent, it has not been disposed of till date.

Mr.V.R.Shanmuganathan, learned Special Government Pleader, takes notice for the respondents 1 to 3 and Mr.T.S.Mohamed Mohideen, learned Standing Counsel, takes notice for the fourth respondent.

4. The learned Standing Counsel appearing for the fourth respondent submitted that approval has been given to the petitioner only in respect of constructing a residential building.

5. In view of the limited prayer sought for by the petitioner, without expressing any opinion in respect of the merits of the case, we direct the first respondent to dispose of the appeal filed by the petitioner on 16.12.2019, on merits and in accordance with law, within a period of three (3) months from the date of receipt of a copy of this order.

2/3

krk

6. With these observations, the writ petition is disposed of. No costs.

Sd/- Assistant Registrar(RECORDS) // True Copy // / /2020 Sub Assistant Registrar(CS) krk To:

1.The Principal Secretary to Government, Secretariat, Housing and Urban Development Department, State of Tamil Nadu, Chennai-600 009.

2.The Commissioner, Town and Country Planning, Opp.to LIC, Chengalvarayan Building 4th Floor, No.807, Anna Salai, Chennai-600 002.

3.The Regional Deputy Director, Town and Country Planning Madurai Region, No.4, Hakkeem Ajmalkhan Road, Chinna Chokkikulam, Madurai-2.

4.The Member Secretary / Municipal Commissioner Kodaikanal Local Planning Authority Kodaikanal Municipality Kodaikanal, Dindigul District +1 CC to M/s.T.S.MOHAMED MOHIDEEN, Advocate ( SR-1376[F] dated 10/01/2020 ) +1 CC to M/s.P.KALAIYARASIBHARATHI, Advocate ( SR-1510[F] dated 10/01/2020 ) SRK(CO) TR(13.01.2020) 3P 7C 3/3