Panchalingam .V v. The Additional Secretary (Technical)

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 19.06.2024

CORAM:

THE HON'BLE MR.R.MAHADEVAN, ACTING CHIEF JUSTICE and THE HON'BLE MR.JUSTICE G.R.SWAMINATHAN and W.M.P.(MD) Nos.11499 & 11500 of 2024 V.Panchalingam ... Petitioner -vs1.The Additional Secretary (Technical) Housing and Urban Development Department Secretariat, Chennai 2.The District Collector cum Executive Magistrate Theni District, Theni 3.The Assistant Director Town & Country Planning Authority Theni, Theni District 4.The Member Secretary Theni-Allinagaram Municipality Local Planning Authority Theni, Theni District 5.The Commissioner Theni-Allinagaram Municipality Theni, Theni District ... Respondents

PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of certiorarified mandamus calling for the records in pursuant to the impugned order in letter No.3426601/UD4(L.Re.2)/2023-3, dated 09.10.2023, of the first respondent and quash the same as illegal and forbearing the respondents, their officials, and subordinates from initiating any coercive action in respect of the premises which situated in Theni District, Theni Taluk, Allinagaram Village, Ayan Punjai Survey No.275/2 to an extent of 6 Cents in Door No.356/B8, 356/B9, 356/B10, 356/B11, 356/B12. For Petitioner :

Mr.R.M.Suresh For Respondents :

Mr.N.Satheesh Kumar Additional Government Pleader for R1 to R4 Mr.G.Kaleeswaran for R5

O R D E R

R.MAHADEVAN , A.C.J.

And G.R.SWAMINATHAN, J.

Heard the learned counsel for the petitioner, learned Additional Government Pleader for the respondents 1 to 4 and learned counsel for the fifth respondent.

2. It is obvious that the petitioner had put up unauthorized construction. He appealed to the Government under Section 80(A) of the Tamil Nadu Town and Country Planning Act, 1971. The said petition was disposed of on 09.10.2023 by the Government in the following terms: "8.Considering the above facts and submissions made, the Government hereby grant three months time to the petitioner to obtain reclassification of the site from Agricultural use zone to Residential use zone and simultaneously carry out necessary rectification in the building to satisfy TNCDBR-2019 and to obtain approval for the rectified building within the time specified, failing which the Theni-Allinagaram Municipality shall proceed with further action as per the provisions of TNT & CP Act, 1971."

3. It is seen that the petitioner had not obtained reclassification within the time limit mentioned above. Instead of approaching the Government for extension of time, the petitioner has erroneously filed this writ petition challenging the impugned order dated 09.10.2023. We, taking into consideration the overall facts and circumstances, permit the petitioner to file a fresh petition before the first respondent seeking extension of time.

4. With the above liberty, this writ petition is disposed of. No costs. Consequently, connected miscellaneous petitions are closed. [R.M.D., A.C.J.] [G.R.S., J.] 19.06.2024 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No krk / ias To:

1.The Additional Secretary (Technical), Housing and Urban Development Department, Secretariat, Chennai.

2.The District Collector cum Executive Magistrate, Theni District, Theni.

3.The Assistant Director, Town & Country Planning Authority, Theni, Theni District.

4.The Member Secretary, Theni-Allinagaram Municipality, Local Planning Authority, Theni, Theni District.

R.MAHADEVAN , A.C.J.

and G.R.SWAMINATHAN, J.

krk / ias and W.M.P.(MD) Nos.11499 & 11500 of 19.06.2024