R. Sakthivel v. The Secretary To Government,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.02.2020

CORAM:

THE HONOURABLE MR.JUSTICE M.DURAISWAMY AND THE HONOURABLE MR.JUSTICE T.RAVINDRAN R.Sakthivel ... Petitioner -vs1.The Secretary to Government, Housing and Urban Development Department, Secretariat, Chennai.

2.The Regional Deputy Director, Madurai Region, Town and Country Planning, Madurai.

3.The Member Secretary / Commissioner, Kodaikanal Local Planning Authority, Kodaikanal Municipality, Kodaikanal, Dindigul District.

4.The Director of Town and Country Planning, Opposite to LIC, Cehngalvarayan Building, 4th Floor, 807, Anna Salai, Chennai - 600 002.

... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of Mandamus, directing the respondents to reclassify the lands in Ward No.C, Block No.18, T.S.No.24/1A2 and 24/1B, Kodaikanal Town, Dindigul District as Multi use Zone on the basis of the representations of the petitioner dated 16.03.2019, 02.04.2019 and 17.06.2019 within a time frame fixed by this Court. For Petitioner : Mr.B.Saravanan For RR 1, 2 & 4 : Mr.VR.Shanmuganathan, Special Government Pleader.

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For R - 3 : Mr.T.S.Mohammed Mohideen

O R D E R

[Order of the Court was made by M.DURAISWAMY, J.] The petitioner has filed the above writ petition to issue a writ of Mandamus, directing the respondents to reclassify the lands in Ward No.C, Block No.18, T.S.No.24/1A2 and 24/1B, Kodaikanal Town, Dindigul District as Multi use Zone on the basis of the representations of the petitioner dated 16.03.2019, 02.04.2019 and 17.06.2019.

2.It is the case of the petitioner that though he has given a representation seeking for conversion of the Zone as early as on 16.03.2019 to the respondents, the first respondent has not passed any order so far.

3.Mr.VR.Shanmuganathan, learned Special Government Pleader appearing for the respondents 1, 2 & 4 submitted that the first respondent may be directed to consider the petitioner's representation and pass orders in accordance with law within a period of twelve weeks.

4.Mr.T.S.Mohammed Mohideen, learned counsel appearing for the third respondent also submitted that the first respondent has to consider the petitioner's representation.

5.Having regard to the submissions made by the learned counsel appearing on either side and taking into consideration the limited prayer sought for by the learned counsel for the petitioner, without expressing any opinion with regard to the merits of the case, we direct the first respondent to consider the petitioner's representation dated 16.03.2019 and pass orders, after giving due opportunity of personal hearing, on merits and in accordance with law within a period of twelve weeks from the date of receipt of a copy of this order.

6.With these observations, the Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar (AD-II) // True Copy // / /2020 Sub Assistant Registrar(CS) ps 2/3

To 1.The Secretary to Government, Housing and Urban Development Department, Secretariat, Chennai.

2.The Regional Deputy Director, Madurai Region, Town and Country Planning, Madurai.

3.The Member Secretary / Commissioner, Kodaikanal Local Planning Authority, Kodaikanal Municipality, Kodaikanal, Dindigul District.

4.The Director of Town and Country Planning, Opposite to LIC, Cehngalvarayan Building, 4th Floor, 807, Anna Salai, Chennai - 600 002.

+1 CC to M/s.T.S.MOHAMED MOHIDEEN, Advocate ( SR-7369[F] dated 20/02/2020 ) 20.02.2020 JMN(02.03.2020) 3P : 6C 3/3