Rita Anbarasi v. The Commissioner

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED 11.01.2024

CORAM

THE HONOURABLE MRS.JUSTICE V.BHAVANI SUBBAROYAN W.P(MD)No.640 of 2024 Rita Anbarasi

...Petitioner

/Vs./ The Commissioner, Madurai Corporation,

...Respondent

Prayer: Writ Petition - filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus directing the respondent to issue building plan approval to the petitioner property situated at 9, Ilandaikulam, Uthangudi (WD009) Zone-1, Madurai District. For Petitioner : Mr.C.M.Arumugam For Respondent : Mr.S.Vinayak Standing Counsel

ORDER

This writ petition has been filed seeking for issuance of Writ of Mandamus, directing the respondent to issue building plan approval to the 1/4

petitioner property situated at 9, Ilandaikulam, Uthangudi (WD009) Zone-1,

2. Heard the learned counsel appearing for the petitioner and the learned standing counsel, who takes notice for the respondent. By consent of both parties, this writ petition is taken up for final disposal at the stage of admission itself.

3. The case of the petitioner is that the subject property was purchased by the petitioner through a registered sale deed and it was subdivided and he was given separate patta. Even before purchase, the vendor of the petitioner was given approval from the Tamil Nadu Real Estate Regulatory Authority for the layout submitted. Only thereafter, the petitioner purchased the said property. Now, the petitioner wanted to construct a residential house, for which he applied for building plan approval and he has also paid necessary fee. The petitioner has also submitted all his relevant documents. Since the same has not been considered till date, the present writ petition has been filed.

4. The learned standing counsel appearing for the respondent submits that the petitioner even though submitted his application, it is without 2/4

appropriate particulars and some of the documents are not legible and therefore, the respondent could not proceed with the same. He further submits that if the petitioner submits appropriate legible documents, the respondent will consider the same and pass appropriate orders, if it is otherwise in order.

5. Considering the submission made by the learned standing counsel appearing for the respondent, this Court directs the petitioner to approach the respondent by filing a fresh application, as this application is not with appropriate legible particulars and on receipt of which, the respondent shall consider the same and pass appropriate orders on merits and in accordance with law, within a period of six weeks from the date of filing of the application by the petitioner.

6. With the above directions, this writ petition is disposed of. No costs. 11.01.2024 NCC : Yes/No Index : Yes/No Internet:Yes/No 3/4

V.BHAVANI SUBBAROYAN, J.

sm TO:- The Commissioner, Madurai Corporation, Order made in W.P(MD)No.640 of 2024 Dated:

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