Sagayavalli V v. The Director Of Town And Country Planning
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.04.2022
CORAM:
THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE V.Sagayavalli ... Petitioner Vs.
1.The Director of Town & Country Planning, Chennai.
2.The Member Secretary, Madurai Local Planning Authority, Madurai.
3.The Commissioner, Madurai Corporation, Madurai.
... Respondents P RAYER:
Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the second respondent to grant regularization of housing site lay out approval and consequently direct the third respondent to approve the building plan approval to the petitioner's Plot Nos.38 & 39 covering in Resurvey No.113/3 (C-Ward 22, TS No.15/2, 3A & 16/3, 5) in Kochadai Village, Survey Ward No.25, Madurai Corporation limit, by implementing the order passed by this Court in W.P.[MD]No.10659 of 2012 dated 10.12.2012 and by considering the representation given by the petitioner dated 10.11.2017 & 10.04.2022 within the period stipulated by this Court.
For Petitioner : Mr.N.Sathish Babu For Respondents 1&2 : Mr.B.Saravanan Additional Government Pleader For Respondent No.3 : Mrs.S.Devasena Standing Counsel
O R D E R
*********** This writ petition has been filed for a Mandamus seeking for a direction to the second respondent to grant regularization of her housing site layout approval and consequently direct the third respondent to approve the building plan approval to the petitioner's Plot Nos.38 & 39 covering in Resurvey No.113/3 (C-Ward 22, TS No.15/2, 3A & 16/3, 5) in Kochadai Village, Survey Ward No.25, Madurai Corporation limit, by implementing the order passed by this Court in W.P.[MD]No.10659 of 2012 dated 10.12.2012 and by 1/3
considering the representations given by the petitioner dated 10.11.2017 & 10.04.2022, within a time frame to be fixed by this Court.
2.The petitioner seeks for layout approval. She has submitted an application on 10.11.2017 followed by a representation on 10.04.2022 with the respondents. Since her application has not been considered till date, the petitioner has filed this writ petition. 3.Heard Mr.N.Sathish Babu, learned Counsel appearing for the writ petitioner, Mr.B.Saravanan, learned Additional Government Pleader who accepts notice on behalf of the respondents 1 & 2 and Mrs.S.Devasena, learned Standing Counsel who accepts notice on behalf of the third respondent.
4.The petitioner has filed documents along with this writ petition in support of her case seeking layout approval. 5.No prejudice would be caused to the respondents if the petitioner's application dated 10.11.2017 followed by her representation dated 10.04.2022 seeking for layout approval is considered on merits and in accordance with law after affording a fair hearing to the petitioner within a time frame to be fixed by this Court.
6.For the foregoing reasons, this Court directs the respondents 2 & 3 to consider the petitioner's application dated 10.11.2017 followed by her representation dated 10.04.2022 seeking for layout approval for the property in Plot Nos.38 & 39 covering in Resurvey No.113/3 (C-Ward 22, TS No.15/2, 3A & 16/3, 5) in Kochadai Village, Survey Ward No.25, Madurai Corporation limit and pass final orders on merits and in accordance with law after affording a fair hearing to the petitioner including granting her the right of personal hearing within a period of three [3] months from the date of receipt of a copy of this order.
7.With the above direction, this Writ Petition stands disposed of. There shall be no order as to costs.
Sd/- Assistant Registrar (RTI) // True Copy // / /2022 Sub Assistant Registrar(CS) MR 2/3
To 1.The Director of Town & Country Planning, Chennai.
2.The Member Secretary, Madurai Local Planning Authority, Madurai.
3.The Commissioner, Madurai Corporation, Madurai.
+1 CC to M/s.SPL.GP ( SR-23301[F] dated 04/05/2022 ) 29.04.2022 MGJ(17.05.2022) 3P 5C 3/3