Dr.Safiullah, S/O.Sulaiman v. The Commissioner,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT RESERVED ON : 10.01.2019 PRONOUNCED ON : 04.04.2019

CORAM:

THE HONOURABLE MR. JUSTICE R.SUBBIAH and THE HONOURABLE MR. JUSTICE B.PUGALENDHI W.P.(MD) No.650 of 2019 Dr.Safiyullah ... Petitioner Vs.

1.The Commissioner, Town and Country Planning Commissionerate, No.807, Anna Salai, Chennai - 600 002.

2.The Member Secretary, Local Planning Authority, Nagercoil - 629 002, Kanyakumari District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India seeking a Writ of Mandamus directing the first respondent to dispose of petitioner's approval papers presented to the first respondent on 18.12.2018 along with his request for zone conversion presented to the second respondent which was forwarded to the first respondent on 09.10.2018 and pending with the first respondent, within a stipulated time limit.

For Petitioner : Mr.Siddhiq for Mr.T.Madasamy For Respondents : Mr.V.R.Shanmugathan, Special Government Pleader *****

O R D E R

This writ petition has been filed by the petitioner seeking a Writ of Mandamus directing the first respondent to dispose of petitioner's approval papers along with his request for zone conversion presented to the second respondent, which was forwarded to the first respondent on 09.10.2018, within a stipulated time limit.

2. The petitioner before this Court is the second respondent in W.P.(MD)No.1594 of 2018, which was filed by one Suresh seeking a direction to the Commissioner, Nagercoil Municipality to take appropriate action against the unauthorized construction made by the second respondent / petitioner herein in Ward No.6, Block No.10, Town Survey No.19-3, Parakkai Road, Nagercoil, within a stipulated time limit. This Court, vide order dated 15.03.2019, has directed the Director, Town and Country Planning, Chennai, to dispose of the appeal filed by the second respondent, requesting for zone conversion, which is pending in Letter No.1178/2018 NLPA dated 10.11.2018, within a period of four weeks from the date of receipt of a copy of that order. This Court further directed the parties to maintain status quo as on date, till the appeal papers are cleared by the authority.

3. Since the relief sought for by the petitioner in the present writ petition has already been granted in W.P.(MD)No.1594 of 2018 dated 15.03.2019, no further order is required to be passed in this writ petition and the same is accordingly, closed. No costs. Sd/- Assistant Registrar(Crl.Side) // True Copy // Sub Assistant Registrar(CS ) To 1.The Commissioner, Town and Country Planning Commissionerate, No.807, Anna Salai, Chennai - 600 002.

2.The Member Secretary, Local Planning Authority, Nagercoil - 629 002, Kanyakumari District.

W.P.(MD) No.650 of 2019 gk PK/23.04.2019 : 2P/3C

04.04.2019