M.Kesavan v. The Director

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 12.02.2025

CORAM:

THE HONOURABLE MR.JUSTICE MUMMINENI SUDHEER KUMAR W.P.(MD)No.3743 of 2025 M.Kesavan ... Petitioner Vs.

1.The Director, Director of Town and Country Planning, Chennai.

2.The Deputy Director, Town and Country Planning Department, Thoothukudi District, Thoothukudi.

... Respondents PRAYER : Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the respondent No.1 herein to consider the petitioner's appeal petition dated 23.12.2024 and pass an appropriate order on merits within a stipulated time as prescribed by this Court.

For Petitioner :

Mr.S.Saravanan For Respondents :

Mr.J.K.Jayaseelan, Government Advocate.

O R D E R

The short grievance of the petitioner in this Writ Petition is that non disposal of the appeal filed under Rule 17 of the Tamilnadu Regularisation of Unapproved Layouts and Plots Rules, 2017 before the respondent No.1 against the orders passed by respondent No.2 in a proceeding bearing Na.Ka.No. 1255/2024/Thoo.Ma.A2 dated 26.11.2024.

2. The petitioner claimed to have submitted his application to regularize his unapproved plots and layout by duly paying requisite fee to the respondent No.2. Respondent No.2 rejected the said application on un-sustainable grounds and hence, the petitioner claimed to have filed an appeal on 23.12.2024. It is complaining the inaction on the said appeal, the petitioner approached this Court by filing the present Writ Petition.

3. As a matter of fact not even two months have lapsed on the date of filing of the Writ Petition. Therefore, it is evident that the petitioner approached this Court with undue haste. However, considering the submission of learned Government Advocate stating that the respondent No.1 would dispose of the appeal in accordance with law within a short time, this Court is inclined to dispose of this Writ Petition with the following directions.

4. In the light of the above, this Writ Petition is disposed of directing the respondent No.1 to dispose of the appeal filed by the petitioner under Rule 17 of the Tamilnadu Regularisation of Unapproved Layouts and Plots Rules, 2017 against the proceedings bearing Na.Ka.No.1255/2024/Thoo.Ma.A2 dated 26.11.2024, as expeditiously as possible at any rate within a period of six weeks from the date of receipt of a copy of this order, if the same is otherwise in order. There shall be no order as to costs.

12.02.2025 Index :

Yes / No vsm

MUMMINENI SUDHEER KUMAR, J.

vsm To 1.The Director, Director of Town and Country Planning, Chennai.

2.The Deputy Director, Town and Country Planning Department, Thoothukudi District, Thoothukudi.

W.P.(MD)No.3743 of 2025 12.02.2025