Madras High CourtWP(MD)/1864/2021disposed of

Jayakanth.K v. The State Of Tamil Nadu

2021-02-24Honourable The Chief Justice,Honourable Mrs Justice R. Hemalatha3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.02.2021 CORAM :

The Hon'ble Mr.SANJIB BANERJEE, THE CHIEF JUSTICE AND The Hon'ble Mrs JUSTICE R.HEMALATHA and W.M.P(MD)Nos.1604, 1605 and 1608 of 2021 K.Jayakanth .. Petitioner Vs 1.The State of Tamil Nadu, Represented by its Principal Secretary to Government, Housing and Urban Development Department, Secretariat, Fort St George, Chennai - 600 009.

2.The Director of Town and Country Planning, 807, Anna Salai, Chennai - 600 002.

3.The District Collector, Thanjavur District, Thanjavur.

4.The Commissioner, Thanjavur Corporation, Thanjavur.

5.The Deputy Director, Town and Country Planning, No.2, Arulanantha Nagar 7th Street, Thanjavur.

6.The Member Secretary, Thanjavur Local Planning Authority, 33, 4th Rajappa Nagar, Thanjavur.

7.The Regional Deputy Registrar (Housing), Thanjavur.

8. The President, T.834, Shanmuga Nagar Corporation Housing Society Ltd, No.1, Kannan Nagar, Thanjavur - 613 007.

.. Respondents

PRAYER: Petition under Article 226 of the Constitution of India seeking issuance of a writ of Certiorarified Mandamus, to call for the record relating to the impugned Notification No.Nil, dated 07.01.2021, issued by the 8th respondent published through daily news paper and to quash the same and consequently, restraining the 8th respondent from alienating the lands reserved for public purpose for construction of Kalyana Mandapam to any third parties or any other purpose.

For Petitioner : Mr.Sankaran.G For Respondent Nos.1 to 3 & 5 : Mr.Shanmugaselvam Additional Government Pleader For Respondent Nos.7 & 8 : Mr.P.Mahandran Additional Government Pleader For Respondent No.4 : Mr.N.Dilip Kumar

ORDER

(Order of the Court was made by The Hon'ble Chief Justice) Though a much bigger prayer has been made in the writ petition challenging a notification, since the petitioner confined the challenge to the layout and says that it is at variance with the approved layout and sketch in DP/DTP/163/73, the petitioner is permitted to make a representation to the Commissioner, Thanjavur Corporation, the 4th respondent herein, who will look into the matter in a proper perspective.

2.The petitioner's representation must reach the Commissioner within four weeks from date, whereupon the Commissioner will pass a reasoned order within six weeks therefrom and communicate the same to the petitioner.

3.In the event any illegality or material irregularity is discovered by the Commissioner, immediate and appropriate remedial measures should be taken without waiting for any orders from this Court. The Commissioner's decision will be upon consultation with the office-bearers of the relevant society.

4.W.P.(MD)No.1864 of 2021 is disposed of. W.M.P(MD)Nos.1604, 1605 and 1608 of 2021 are closed. There will be no orders as to costs.

Sd/- Assistant Registrar () // True Copy // / /2021 Sub Assistant Registrar(CS)

sj/dsk Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To:

1.The Principal Secretary to Government, Housing and Urban Development Department, Secretariat, Fort St George, Chennai - 600 009.