← Library
Madras High CourtWP(MD)/10272/2021disposed of

Srinivasan.S v. The Director Of Town And Country Planning

2021-06-18Honourable Mr Justice T. S. Sivagnanam,Honourable Mrs Justice S.Ananthi (Retd.)3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.06.2021 CORAM :

THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM AND THE HONOURABLE MRS.JUSTICE S.ANANTHI W.P.(MD) No.10272 of 2021 S.Srinivasagan .. Petitioner Vs

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

2. The Deputy Director, Town and Country Planning Authority, Chinna Chokkikulam, Madurai.

3. The Special Officer/Commissioner, Local Planning Authority, O/o.Aruppukottai Municipality, Aruppukottai, Virudhunagar District.

4. The Commissioner, Aruppukottai Municipality, Aruppukottai, virudhunagar.

.. Respondents PRAYER: Petition under Article 226 of the Constitution of India seeking issuance of a writ of Mandamus, directing the first respondent to dispose the petitioner's Revision Petition dated 02.01.2019 filed U/s.80 of the Tamil Nadu Town and Country Planning Act, 1971 as expeditiously as possible after giving opportunity to all the parties concerned within the time stipulated by this Court. For Petitioner : Mr.J.Lawrence For respondents : Mr.A.K.Manickam, Government Counsel for R1 and R2 Mr.N.Dilip Kumar for R3, R4

ORDER

[Order of the Court was made by T.S.SIVAGNANAM, J.] We have heard Mr.J.Lawrence, learned counsel appearing for the petitioner; Mr.A.K.Manickam, learned Government Counsel appearing for the respondents 1 and 2 and Mr.N.Dilip Kumar, learned counsel appearing for the respondents 3 and 4.

2. The writ petitioner seeks for a direction upon the first respondent to dispose of the petitioner's Revision Petition dated 02.01.2019 filed under Section 80 of the Tamil Nadu Town and Country Planning Act, 1971 as expeditiously as possible, after giving opportunity to all the parties concerned within the time frame.

3. From the communication sent by the Office of the first respondent dated 28.02.2019 in Na.Ka.479/2019/gpV1, it appears that the appeal petition is under active consideration and remarks have been called for from the second respondent. Unless and until remarks are furnished to the second respondent, the first respondent cannot take up the appeal for consideration.

4. In the light of the above, we direct the second respondent to offer the remarks as called for by the first respondent in communication dated 28.02.2019, within a period of four weeks from the date of receipt of a copy of this order. On receipt of the said report, the first respondent shall dispose of the statutory appeal in accordance with law within a period of three months thereafter.

5. Accordingly, this Writ Petition stands disposed of. No costs.

Sd/- Assistant Registrar (CSIII) // True Copy // / /2021 Sub Assistant Registrar(CS) pkn Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To:

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

2. The Deputy Director, Town and Country Planning Authority, Chinna Chokkikulam, Madurai.

3. The Special Officer/Commissioner, Local Planning Authority, O/o.Aruppukottai Municipality, Aruppukottai, Virudhunagar District.

4. The Commissioner, Aruppukottai Municipality, Aruppukottai, virudhunagar.

+1 CC to M/s.N.DILIPKUMAR, Advocate ( SR-19697[F] dated 21/06/2021 ) +1 CC to M/s.J.LAWRANCE, Advocate ( SR-19703[F] dated 21/06/2021 ) +1 CC to M/s.SPL GP ( SR-19916[F] dated 22/06/2021 ) W.P.(MD) No.10272 of 2021 18.06.2021 KB(28.06.2021) 3P 8C