Madras High CourtWP(MD)/11270/2019disposed of

Vembu v. The Member Secretary/

2019-09-25Honourable Mr Justice M. Govindaraj2 pages

W.P(MD)No.11270 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.09.2019

CORAM:

THE HONOURABLE MR.JUSTICE M.GOVINDARAJ W.P(MD)No.11270 of 2019 and WMP(MD)Nos.8602 and 8603 of 2019 Vembu ... Petitioner Vs.

1.The Member Secretary/Assistant Director, Town and Country Planning Department, Navalpattu New Town Development Authority, Trichy.

2.Koothaippar Town Panchayat, rep.by its Executive Officer, Koothaippar, Thiruverumbur Taluk, Trichy District.

3.M.Sakthivel ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Certiorari calling for the records pertaining to the impugned order passed by the 1st respondent in Na.Ka.No.41/2018 Na.Pu.Va.Ku.-- dated 09.04.2018 and the impugned order passed by the 2nd respondent in Na.Ka.No. 126/2018 dated 13.06.2018 and quash the same. For Petitioner : Mr.M.Saravanan For R1 & R2 : Mrs.J.Padmavathi Devi Special Government Pleader For R3 : Mr.V.Panneerselvam

ORDER

Challenging the impugned orders dated 09.04.2018 and 13.06.2018 passed by the respondents 1 and 2 respectively, this writ petition has been filed.

2.The petitioner is the owner of the property in S.F.No.132/1B, measuring 2 acres 14 cents, situated at Koothaippar Village, Trichy District. The third respondent developed a lay out https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P(MD)No.11270 of 2019 in S.No.132/1A. The respondents 1 and 2 have approved the lay out, but failed to see that access to the property of the petitioner has been blocked. After negotiation, both the petitioner and third respondent have arrived at mutual settlement and the third respondent agreed to provide access to the petitioner's land through plot No.14 in the approved lay out granted by the respondents 1 and

2. They have also filed a joint memo of compromise dated 29.07.2019 to that effect. The joint memo of compromise filed by the petitioner and third respondent is taken on file and shall form part of the records.

3.In terms of the joint compromise memo, this writ petition is disposed of. The respondents 1 and 2 are directed to make appropriate corrections in the lay out plan showing plot No.14. The modified lay out plan shall be given within a period of four weeks by the official respondents. No costs. Consequently, WMP(MD)Nos.8602 and 8603 of 2019 are closed.

Sd/- Assistant Registrar (CO) / True Copy / Sub Assistant Registrar(CS- ) (Encl: Xerox copy of Joint Compromise Memo) To 1.The Member Secretary/Assistant Director, Town and Country Planning Department, Navalpattu New Town Development Authority, Trichy.

2. The Executive Officer, Koothaippar Town Panchayat, Koothaippar, Thiruverumbur Taluk, Trichy District.

+1 CC to M/s.V.PANNEER SELVAM,Advocate(SR-89216[F] dated 25/09/2019) +1 CC to M/s.R.SUBRAMANIAN, Advocate(SR-89730[F] dated 26/09/2019) +1 CC to M/s.GP ( SR-89823[F] dated 26/09/2019) W.P.(MD)No.11270 of 2019 25.09.2019 mj ES/16.10.2019/2P/6C https://hcservices.ecourts.gov.in/hcservices/ 2/2