G. Kasiraj v. The Secretary To Government

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.04.2025

CORAM:

THE HONOURABLE MR.JUSTICE VIVEK KUMAR SINGH G.Kasiraj : Petitioner Vs.

1. The Secretary to Government, Housing and Urban Development Department, Chennai.

2. The Assistant Director, District Town and Country Planning Office, Thoothukudi District.

: Respondents P RAYER:

Writ Petitions filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the Respondent No.1 herein to dispose of the petitioners appeal petition dated 17.03.2025 which is against the order of rejection of his layout application bearing number QATIBX91/TCP in accordance with law within a stipulated time as prescribed by this Honble Court and consequently direct them to give opportunity of personal hearing to the petitioner herein. 1/6

For Petitioner : Mr.J.Velmurugan For Respondents : Mr.C.Venkatesh Kumar Spl. Government Pleader

O R D E R

This writ petition has been filed seeking a mandamus to the first respondent to dispose of the petitioner's appeal petition dated 17.03.2025 which is against the order of rejection of his layout application bearing number QATIBX91/TCP in accordance with law, within a stipulated time as prescribed by this Court and consequently, to afford the petitioner an opportunity of personal hearing.

2. Heard the learned counsel for the parties. By consent of both parties, the Writ Petition is taken up for final disposal at the admission stage itself.

3. The petitioner's grievance is that his layout approval application was rejected by the second respondent, based on a third-party objection, without affording him an opportunity of hearing. The petitioner states that he filed an appeal dated 17.03.2025 against the said 2/6

rejection order, which is still pending. Hence, the petitioner has filed the present Writ Petition seeking a direction to dispose of the appeal after affording him an opportunity of personal hearing.

4. Learned counsel for the petitioner further submits that the petitioner would be satisfied if a direction is issued to the first respondent to dispose of the appeal filed by the petitioner within a specified time frame.

5. Considering the nature of grievance expressed by the petitioner, without delving into the merits of the case, this Court directs the first respondent to consider the appeal petition dated 17.03.2025 filed by the petitioner on its own merits and in accordance with law, after giving due opportunity to the petitioner, as well as all other persons, who may be interested in the subject matter and dispose of the same, within a period of six weeks from the date of receipt of a copy of this order. It is also made clear that this Court has not expressed any of its views with regard to the merits of the matter and that it is open to the first respondent to consider the same on its own merits. 3/6

6. This writ petition stands disposed of with the above directions. There shall be no order as to costs. 29.04.2025 Index : Yes / No Internet : Yes / No PKN 4/6

To

1. The Secretary to Government, Housing and Urban Development Department, Chennai.

2. The Assistant Director, District Town and Country Planning Office, Thoothukudi District.

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VIVEK KUMAR SINGH, J.

PKN W.P.(MD) No.12503 of 2025 29.04.2025 6/6