K.M.A.Jinnah(Died) v. T.Maheswari

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 20.01.2025

CORAM:

THE HONOURABLE MR.JUSTICE RMT.TEEKAA RAMAN and THE HONOURABLE MR.JUSTICE N.SENTHILKUMAR and C.M.P.(MD) No.1017 of 2021 1.K.M.A.Jinnah (Died) 2.Mathina Begum 3.Sarthaj Begum 4.Rehana 5.Sheema Parveen 6.Sheeba Parveen ... Appellants [A2 to A6 are impleaded as Lrs of the deceased sole appellant vide Court order dated 06.12.2024 made in C.M.P.(MD) No.11338 of 2022.] -vs1.T.Maheswari 2.The Director of Town and Country Planning Directorate of Town and Country Planning Head Office No.807, Anna Salai, Chennai-600 002

3.The Deputy Director of Town and Country Planning Trichy Region Kajamalai Main Road Kajamalai Tiruchirappalli-620 023 ... Respondents Writ Appeal filed under Clause 15 of Letters Patent to set aside the order, dated 24.11.2020, passed in W.P.(MD) No.14915 of 2020, on the file of this Court.

For Appellants :

Ms.J.Anandhavalli For Respondents :

No appearance for R1 Ms.D.Farjana Ghoushia Special Government Pleader for R2 & R3

J U D G M E N T

[Judgment of the Court was made by RMT.TEEKAA RAMAN, J.] The first respondent filed the writ petition in W.P.(MD) No.14915 of 2020 seeking for a direction to the third respondent not to give layout plan approval to the first appellant in Survey Nos.233/6, 233/7 and 233/8 of Anthanallur Village, Srirangam Taluk, Tiruchirappalli District, on the basis of the power of the attorney, dated 02.07.2012, registered as document No.488 of 2012, by considering her representation dated 28.09.2020.

2. The learned Single Judge, by order, dated 24.11.2020, disposed of the said writ petition by directing the third respondent to consider the first respondent's representation dated 28.09.2020, and pass orders on merits and in accordance with law, after hearing all the necessary parties, including the first appellant, within a period of twelve weeks from the date of receipt of a copy of the order. Challenging the same, the contesting respondent in the writ petition has filed this appeal.

3. Pending this appeal, the first appellant died and his legal representatives have been impleaded as appellants 2 to 6.

4. Initially, the land owner / writ petitioner gave objection to the official respondents not to grant layout approval to her power agent (first appellant herein).

5. Today, when the matter was taken up for hearing, learned Special Government Pleader appearing for the respondents 2 and 3, on instructions, submitted that the third respondent has already granted layout approval in favour of the original land owner and to that effect, a copy of the

proceedings of the third respondent, dated 21.09.2022, has been produced before this Court.

6. In view of the above, nothing survives for consideration in this writ appeal and the same is, therefore, closed. However, it is open to the appellants to work out their remedy before the appropriate forum in accordance with law. No costs. Consequently, connected miscellaneous petition is closed.

[T.K.R., J.] [N.S., J.] 20.01.2025 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No krk To:

1.The Director of Town and Country Planning, Directorate of Town and Country Planning, Head Office, No.807, Anna Salai, Chennai-600 002.

2.The Deputy Director of Town and Country Planning, Trichy Region, Kajamalai Main Road, Kajamalai, Tiruchirappalli.

RMT.TEEKAA RAMAN, J.

AND N.SENTHILKUMAR, J.

krk and C.M.P.(MD) No.1017 of 2021 20.01.2025