Chelladurai v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 10.04.2023

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN and THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI and W.M.P.(MD) Nos.7335 & 7337 of 2023 Chelladurai ... Petitioner -vs1.The State of Tamil Nadu rep.by the Additional Chief Secretary Government of Tamil Nadu St.George Fort Chennai-600 009 2.The Secretary Housing and Urban Development Department St.George Fort Chennai-600 009 3.The Director Directorate of Town and Country Planning 2nd, 3rd & 4th Floor C&E Market Road Koyambedu, Chennai-600 107

4.The Commissioner Office of the Commissioner Dindigul Corporation Dindigul 5.The Member Secretary Dindigul Local Planning Authority Dindigul 6.K.R.Kanchidurai ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of certiorari calling for the records pertaining to the impugned order passed by the fourth respondent vide his proceeding in Na.Ka.No. 11041/2018/F3, dated 20.03.2023 and quash the same as illegal. For Petitioner :

Mr.N.Balasubramanian For Respondents :

Mr.A.Baskaran Additional Government Pleader for R1 to R3 Mr.M.Thirunavukarasu for R4 & R5

O R D E R

[Order of the Court was made by R.SUBRAMANIAN, J.] Mr.A.Baskaran, learned Additional Government Pleader, takes notice for the respondents 1 to 3 and Mr.M.Thirunavukarasu, learned counsel, takes notice for the respondents 4 & 5.

2. Considering the nature of the relief, notice to the private respondent is deemed unnecessary.

3. With the consent of both sides, this writ petition is taken up for final hearing at the admission stage itself.

4. Though the challenge in this writ petition is to the notice dated 20.03.2023, issued by the fourth respondent, under Section 56(2) of the Tamil Nadu Town and Country Planning Act, 1971, (for brevity, "the Act") the petitioner would submit that the building in question being a residential house, he should be given an opportunity to get it regularized. The petitioner has approached the Secretary to Government, Housing and Urban Development Department, with an appeal for regularization. The petitioner could have approached the Planning Authority under Section 56(3) of the Act seeking retention of the building.

5. In view of the fact that the building in question is a residential house, the petitioner is given liberty to approach the Planning Authority under Section 56(3) of the Act seeking retention of the building in question. If the

petitioner so applies, the Planning Authority shall dispose of the petitioner's application on merits, within a period of two months from the date of receipt of such application. Till such time the application is disposed of, further action on the impugned notice shall stand deferred.

6. The writ petition is disposed of with the above directions. No costs. Consequently, connected miscellaneous petitions are closed. [R.S.M., J.] [L.V.G., J.] 10.04.2023 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No krk To:

1.The Additional Chief Secretary, Government of Tamil Nadu, State of Tamil Nadu, St.George Fort, Chennai-600 009.

2.The Secretary, Housing and Urban Development Department, St.George Fort, Chennai-600 009.

3.The Director, Directorate of Town and Country Planning, 2nd, 3rd & 4th Floor, C&E Market Road, Koyambedu, Chennai-600 107.

R.SUBRAMANIAN , J.

and L.VICTORIA GOWRI , J.

krk and W.M.P.(MD) Nos.7336 & 7337 of 2023 10.04.2023