Society Of St.Joseph College, Tiruchirapalli v. The Director
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 20.02.2025
CORAM:
THE HONOURABLE MR.JUSTICE VIVEK KUMAR SINGH Society of St. Joseph College Tiruchirapalli, Represented by its Procurator, Francis Jayapathy, S/o.Arul, 1-A, Jesuit Residence, College Road, St.Josephs College, Teppakulam Post, Tiruchirapalli - 620 002.
... Petitioner -vs1.The Director, Directorate of Town and Country Planning, 2nd, 3rd and 4th Floor, C and E Market Road, Koyembedu, Chennai - 600 107.
2.The Member Secretary, Trichirapalli Local Planning Authority, 11, Kaajamalai Main Road, Thamarai Nagar, Kaajamalai Colony, Tiruchirapalli - 620 023.
... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents 1 and 2 to release the petitioner's land based on the petitioner's representation on 06.01.2025 with an extent of 1 acre 4 cents, situated in Old Survey No.163/1B and New Town Survey No.345/12, Block No.5, Ward - AV, Kottapattu, Ariymangalam Zone,
Tiruchirapalli East Taluk, Tiruchirapalli District, treating the ''Golden Rock Detailed Development Plan No.5'' as lapsed under Section 38 of the Tamil Nadu Town and Country Planning Act, 1971.
For Petitioner : Mr.R.Karunanidhi For Respondents : Mr.J.K.Jayaselan Government Advocate
ORDER
This Writ Petition has been filed seeking a direction to the respondents 1 and 2 to release the petitioner's land based on the petitioner's representation dated 06.01.2025, to an extent of 1 acre 4 cents, situated in Old Survey No.163/1B and New Town Survey No.345/12, Block No.5, Ward - AV, Kottapattu, Ariymangalam Zone, Tiruchirapalli East Taluk, Tiruchirapalli District, treating the ''Golden Rock Detailed Development Plan No.5'' as lapsed under Section 38 of the Tamil Nadu Town and Country Planning Act, 1971.
2. With the consent of both sides, this Writ Petition is taken up for final disposal at the admission stage itself.
3. The learned counsel for the petitioner submits that the petitioner has been working as Procurator at the petitioner College since 2019. The petitioner approached the second respondent on 06.01.2025 to regularize the subject property through one Sacikumar. However, the officials at the second respondent's office informed him that the property is earmarked under the ''Golden Rock Detailed Development Plan No.5''. Therefore, the petitioner submitted a representation on the same day, requesting the second respondent to release the property from the said scheme. Since no action has been taken, the petitioner has filed the present Writ Petition.
4. The learned Government Advocate appearing for the respondents submits that the respondents have not received any representation from the petitioner. If the petitioner submits a fresh representation outlining all their grievances to the second respondent, the same will be considered in accordance with law, within a time frame as fixed by this Court.
5. Recording the above submissions, this Writ Petition is disposed of, with a direction to the petitioner to submit a fresh representation outlining their
grievances to the second respondent, within a period of two weeks from the date of receipt of a copy of this order. Upon receipt of such representation, the second respondent shall consider it on merits and pass appropriate orders in accordance with law, within four weeks thereafter. There shall be no order as to costs. It is also made clear that this Court has not expressed any of its views with regard to the merits of the matter and that it is open to the second respondent to consider the same on its own merits.
NCC : Yes / No 20.02.2025 Index : Yes / No smn2 To:- 1.The Director, Directorate of Town and Country Planning, 2nd, 3rd and 4th Floor, C and E Market Road, Koyembedu, Chennai - 600 107.
2.The Member Secretary, Trichirapalli Local Planning Authority, 11, Kaajamalai Main Road, Thamarai Nagar, Kaajamalai Colony, Tiruchirapalli - 620 023.
VIVEK KUMAR SINGH , J.
smn2 20.02.2025