G.Indira Devi v. The Deputy Director

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 14.06.2023

CORAM

THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN W.P.(MD)No.8285 of 2023 G.Indira Devi ... Petitioner vs.

1.The Deputy Director, Town and Country Planning Office, Thoothukudi District.

2.The Block Development Officer / The Executive Authority, Udankudi, Thoothukudi District.

3.The Panchayat President, Paramankurichi Panchayat, Thoothukudi District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, to direct the first respondent to consider the petitioner's application, dated 18.03.2023 for grant of constructed building plan approval for New S.Nos.529/4 and 530/2A1, Plot No.A1 to the extent of 4.60 cents, Saraswathi Nagar, Paramankurichi, Tiruchendur Taluk, Thoothukudi District within a stipulated time as may be fixed by this Court. 1/5

For Petitioner :Mr.M.Jegadeesh Pandian For R1 :Mr.N.Muthu Vijayan Special Government Pleader For R2 and R3 :Ms.D.Farjana Ghousia Special Government Pleader *****

O R D E R

The Writ Petition has been filed in the nature of a Mandamus seeking a direction to the first respondent to consider the application, dated 18.03.2023 for grant of construct building plan approval for New S.No.529/4 and 530/2A1 in Plot No.A1 measuring 4.60 cents at Saraswathi Nagar, Paraman Kurichi, Tiruchendur Taluk in Tirucotirn District.

2.Heard Mr.M.Jegadeesh Pandian, learned Counsel for the petitioner, Mr.N.Muthu Vijayan, learned Special Government Pleader for the first respondent and Ms.D.Farjana Ghousia, learned Special Government Pleader for the second and third respondents. 3.The petitioner had stated in her affidavit that she had purchased the aforementioned land by a sale deed, dated 09.08.2017 and had also 2/5

mutated the revenue records in her name. She had then applied for approval for put up a building. But it was informed that DTCP approval had not been granted and therefore, the house has no planning permit. It had been stated that in those circumstances, the petitioner submitted a representation seeking approval of her house in the address mentioned above.

4.The learned Special Government Pleader stated that the layout itself was not approved and a house put up by the petitioner is also not approved.

5.Let the representation be considered by the first respondent, who may invite the petitioner for a personal hearing and examine records and thereafter, pass necessary orders. The entire exercise may be completed within a period of twelve weeks from the date of receipt of a copy of this order.

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6.The Writ Petition stands disposed of. No costs. Index :Yes / No 14.06.2023 Internet :Yes NCC : Yes/No cmr To 1.The Deputy Director, Town and Country Planning Office, Thoothukudi District.

2.The Block Development Officer / The Executive Authority, Udankudi, Thoothukudi District.

3.The Panchayat President, Paramankurichi Panchayat, Thoothukudi District.

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C.V.KARTHIKEYAN, J.

cmr Order made in W.P.(MD)No.8285 of 2023 14.06.2023 5/5