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Madras High CourtWP(MD)/9063/2022allowed

Sukumaran.E.M.S. v. The Director Of Town And Country Planning

2022-06-28Honourable Mr Justice G.R.Swaminathan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Special Original Jurisdiction ) Tuesday, the Third day of January Two Thousand and Twenty Three PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN E.M.S.SUKUMARAN ... PETITIONER Vs 1 THE DIRECTOR OF TOWN AND COUNTRY PLANNING, O/O.THE DIRECTOR OF TOWN AND COUNTRY PLANNING, 2ND TO 4TH FLOOR, E AND C MARKET ROAD, KOYEMBADU, CHENNAI-600107.

2 THE DEPUTY DIRECTOR OF TOWN AND COUNTRY PLANNING, O/O.THE DEPUTY DIRECTOR OF TOWN AND COUNTRY PLANNING, NO.4 HAKEEM AJMALKHAN ROAD, CHINNACHOKKIKULAM, MADURAI - 625 002.

3 THE DISTRICT COLLECTOR DISTRICT COLLECTOR OFFICE CAMPUS, MADURAI, MADURAI DISTRICT 4 THE BLOCK DEVELOPMENT OFFICER (VILLAGE PANCHAYAT), MADURAI EAST PANCHAYAT UNION, RAYMOND RESERVE LINE, RACE COURSE COLONY, MADURAI, MADURAI DISTRICT - 625 002.

5 AMUTHA ...RESPONDENTS 6 THE SUB REGISTRAR, REGISTRATION DEPARTMENT, OTHAKADAI, MADURAI.

...6th RESPONDENT (R6 IS SUO MOTU IMPLEADED VIDE COURT ORDER DATED 28.06.2022 IN WP(MD).9063/2022 BY GRSJ) Petition filed praying that in the circumstances stated therein and in the affidavit filed therewith the High Court may be pleased to issue a Writ of Certiorarified Mandamus, calling for the records pertaining to the impugned order passed by the 4th respondent in his 1/3

proceedings in Na.Ka.No.3450/2018/Thi.7 dated 28.12.2021 and quash the same as illegal and unconstitutional and consequently directing the respondents to restore the original plan approval granted by the 2nd respondent in his proceedings in Na.Ka.No.3654/2017/Ma.Ma.4 dated 27.12.2017 by considering the petitioners representation dated 24.01.2022 within the time stipulated by this Honourable Court. ORDER : This petition coming up for orders on this day, upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of M/S.MUTHUMALAI.K, Advocate for the petitioner,the court made the following order:- Extension of time is sought for.

The learned District Munsif, Melur is requested to adhere to the extended time limit.

sd/- 03/01/2023 / TRUE COPY / /01/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

RMI TO 1 THE DIRECTOR OF TOWN AND COUNTRY PLANNING, O/O.THE DIRECTOR OF TOWN AND COUNTRY PLANNING, 2ND TO 4TH FLOOR, E AND C MARKET ROAD, KOYEMBADU, CHENNAI-600107.

2 THE DEPUTY DIRECTOR OF TOWN AND COUNTRY PLANNING, O/O.THE DEPUTY DIRECTOR OF TOWN AND COUNTRY PLANNING, NO.4 HAKEEM AJMALKHAN ROAD, CHINNACHOKKIKULAM, MADURAI - 625 002.

3 THE DISTRICT COLLECTOR DISTRICT COLLECTOR OFFICE CAMPUS, MADURAI, MADURAI DISTRICT 4 THE BLOCK DEVELOPMENT OFFICER (VILLAGE PANCHAYAT), MADURAI EAST PANCHAYAT UNION, RAYMOND RESERVE LINE, RACE COURSE COLONY, MADURAI, MADURAI DISTRICT - 625 002.

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5 THE SUB REGISTRAR, REGISTRATION DEPARTMENT, OTHAKADAI, MADURAI.

COPY TO THE DISTRICT MUNSIF MELUR, MADURAI DISTRICT.

ORDER

IN Date :03/01/2023 PKP/BUC/SAR-3/05.01.2023/3P/7C 3/3