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Madras High CourtWP(MD)/12014/2019disposed of

T.Shanmugasundaram v. The Deputy Director Of Town

2019-05-15Honourable Mrs Justice J. Nisha Banu2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 15.05.2019

CORAM:

THE HONOURABLE MRS.JUSTICE J.NISHA BANU W.P(MD)No.12014 of 2019 and W.M.P.(MD).No.9054 of 2019 T.Shanmugasundaram .. Petitioner Vs.

1.The Deputy Director of Town and Country Planning, Tirunelveli Region, Tirunelveli.

2.The Commissioner, Puliyangudi Municipality, Puliyangudi Post, Tirunelveli District.

.. Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, to direct the second respondent to pass appropriate orders on the Petitioner's Representation dated 18.02.2019 in the light of the order passed by the first respondent in his proceedings in Na.Ka.No. 7249/2018 Thi Li Ma 3 dated 11.01.2019 within stipulated time may be fixed by this Honourable Court.

For Petitioner : Mr.M.Saravanakumar For R-1 : Mrs.J.Padmavathi Devi Special Government Pleader.

ORDER

This writ petition is filed seeking a Writ of Mandamus to direct the second respondent to pass appropriate orders on the Petitioner's Representation dated 18.02.2019, in the light of the order passed by the first respondent in his proceedings in Na.Ka.No. 7249/2018 Thi Li Ma 3 dated 11.01.2019.

2.Mrs.J.Padmavathi Devi, learned Special Government Pleader takes notice for the first respondent.

3.By consent of both the parties, this writ petition is taken up for final hearing at the stage of admission itself. 4.Heard both sides.

5.The case of the petitioner is that the petitioner has given an application before the first respondent for regularising his unapproved house plots. In this regard, the first respondent passed an order in his proceedings in Na.Ka.No.7249 off 2018 Thi Li Ma 3, dated 11.01.2019 and further directed the petitioner to pay the https://hcservices.ecourts.gov.in/hcservices/

development charges in the second respondent Municipality. Therefore, the petitioner submitted a representation to the second respondent dated 18.02.2019, seeking to provide the challan along with the head of account enabling him to pay the development charges. However, the second respondent has not considered the same. Hence, the petitioner is before this Court. 6.The learned counsel appearing for the petitioner would submit that it would be suffice, if the representation of the petitioner dated 18.02.2019, is directed to be disposed of by the second respondent as per law.

7.Under such circumstances, this Court, without going into the merits of the case, directs the second respondent to consider the representation of the petitioner dated 18.02.2019 and pass appropriate orders on merits and in accordance with law and also in the light of the order passed by the first respondent in his proceedings in Na.Ka.No.7249 off 2018 Thi Li Ma ,3 dated 11.01.2019, after affording opportunity of hearing to the petitioner, within a period of eight weeks from the date of receipt of a copy of this order.

8.The writ petition is disposed of as above. No costs. Consequently, the connected miscellaneous petition is closed. Sd/- Vacation Officer // True Copy // Sub Assistant Registrar(CS) To 1.The Deputy Director of Town and Country Planning, Tirunelveli Region, Tirunelveli.

2.The Commissioner, Puliyangudi Municipality, Puliyangudi Post, Tirunelveli District.

+1cc to Mr.M.SARAVANAKUMAR, Advocate, SR.No. 65836 ORDER MADE IN W.P(MD)No.12014 of 2019 15.05.2019 SMN/TSG KK/SAR/21.05.2019/ 2P- 4C https://hcservices.ecourts.gov.in/hcservices/