Madras High CourtWP(MD)/2075/2020disposed of

K.T.Sakthivel v. The Director

2020-02-17Honourable Mrs Justice Pushpa Sathyanarayana2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:17.02.2020

CORAM:

THE HONOURABLE MRS.JUSTICE PUSHPA SATHYANARAYANA W.P(MD)No.2075 of 2020 1.K.T.Sakthivel 2.T.Vetrivel ... Petitioners Vs.

1.The Director, Town and Country Planning, Anna Salai,Chennai.

2.The Tiruchirappalli City Municipal Corporation, represented by its Commissioner, Cantonment,Tiruchirappalli - 620 001.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying this Court to issue a Writ of Mandamus directing the first respondent to consider the Petitioner's representation, dated 19.6.2018 and dispose of the same within the specified time fixed by this Court.

For Petitioner : Mr.Shangar Murali For Respondent-1 : Mrs.J.Padmavathi Devi, Special Government Pleader For Respondent-2 :Mr.N.S.Karthikeyan

ORDER

This Writ Petition has been filed seeking issuance of a Writ of Mandamus directing the first respondent to consider the Petitioner's representation, dated 19.6.2018 and dispose of the same within the time fixed by this Court.

2.Heard the learned counsel appearing on either side and perused the materials placed before this Court. 3.The case of the Petitioner is that one Rajagopal has purchased an extent of 8200 sq ft in T.S.No.3/1, Block 4,Ward K situated at Reynolds Road, Tiruchirappalli - 620 001 and put up a residential multi-storied building with proper planning approval and after construction, the same was let out to ICICI Bank Limited to house its B-Class Currency Chest for a period of 15 years and the other apartment owners have no objection for the same. Though it was not opposed by the other apartment owners, the Petitioner has submitted a representation dated 19.6.2018 for conversion of the building from residential occupancy to commercial occupancy The same is said to be still pending.

Hence, the petitioner has come forward with the present Writ Petition for the above stated relief. 4.It is pointed out by the learned counsel for the second respondent that they had issued notice under the Town and Country Planning Act on 9.3.2017 itself to lock and seal the premises for violation of building plan approval and thereafter only, the https://hcservices.ecourts.gov.

Petitioner had given representation to the second respondent on 30.3.2017 and 19.6.2018 for revised building plan approval. 5.In view of the above submission, without expressing any opinion on the merits of the claim made by the petitioners, the first respondent is directed to consider the representation of the petitioners, dated 19.6.2018 and pass appropriate orders on the same, on merits and in accordance with law, after giving due opportunity of hearing to all the parties concerned , within a period of eight weeks from the date of receipt of a copy of this order.

6.With the above direction, the Writ Petition is disposed of. No Costs.

Sd/- Assistant Registrar (CS-III) // True Copy // / /2020 Sub Assistant Registrar(CS) vsn To 1.The Director, Town and Country Planning, Anna Salai,Chennai.

2.The Commissioner, Tiruchirappalli City Municipal Corporation, Cantonment,Tiruchirappalli - 620 001.

+1 CC to M/s.N.S.KARTHIKEYAN, Advocate ( SR-6697[F] dated 17/02/2020 +1 CC to M/s.K.S.SANKAR MURALI, Advocate ( SR-6797[F] +1 CC to M/s.SPL.GP ( SR-7047[F] dated 19/02/2020 ) ORDER MADE IN W.P(MD)No.2075 of 2020 17.02.2020 SMA/26/02/2020/2P/6C https://hcservices.ecourts.gov.in/hcservices/