Madras High CourtWP(MD)/1232/2020disposed of

Rajeswari v. The Director Of Town And Country Planning

2023-04-03Honourable Ms. Justice P.T. Asha4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.04.2023

CORAM

THE HONOURABLE Ms.JUSTICE P.T.ASHA Rajeswari ... Petitioner /vs./ 1.The Director of Town and Country Planning, Chennai.

2.The Member Secretary, Madurai Local Planning Authority, Office of Madurai Corporation Premises, 3rd Floor, Anna Maligai, Madurai District 625 002.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorari, to call for the records pertaining to the impugned order dated 17.07.2019 in Na.Ka.No.3758/2018/mathi.2 issued by the 2nd respondent and quash the same and consequently direct the 2nd respondent to approve the petitioner's Vanitha Nagar lay out in Housing Plot No.1-E in Survey Nos.46/5 and 51/3 in Thiruppalai Villae (New Ward No.24) Madurai District. 1/4

For Petitioner : Mr.V.Muthumani For Respondents : Mr.T.Amjadkhan Government Advocate

ORDER

The above writ petition has been filed for the issue of a Writ of Certiorari calling for the records pertaining to the impugned order dated 17.07.2019 in Na.Ka.No.3758/2018/mathi.2 issued by the second respondent, quashing the same and directing the second respondent to approve the petitioner's Vanitha Nagar lay out in Housing Plot No.1-E in Survey Nos.46/5 and 51/3 in Thiruppalai Villae (New Ward No.24) Madurai District.

2.It is informed that the request of the petitioner was turned down since there was land acquisition proceeding in 2001 and the acquisition has now been dropped. Therefore, there is no impediment to the respondents considering the request of the petitioner.

3.In the light of the above, the petitioner is directed to file fresh application, which shall be considered by the respondents by following due process of law within a period of six weeks from the date of receipt of a copy of this order. 2/4

4.With the above directions, the Writ Petition is disposed of. However, there shall be no order as to costs.

Speaking : Yes / No 03.04.2023 NCC : Yes / No Internet : Yes / No Index : Yes / No mm To 1.The Director of Town and Country Planning, Chennai.

2.The Member Secretary, Madurai Local Planning Authority, Office of Madurai Corporation Premises, 3rd Floor, Anna Maligai, Madurai District 625 002.

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P.T.ASHA, J.

mm 03.04.2023 4/4