K.Elango, v. The District Collector,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.06.2017
CORAM
THE HON'BLE MR.JUSTICE K.KALYANASUNDARAM W.P.(MD)No.11760 of 2017 & W.M.P.(MD)No.9058 of 2017 K.Elango .. Petitioner Vs.
1.The District Collector, Dindigul District, Dindigul.
2.The Town and Country Planning Authority, Rep. by Assistant Director (i/c), No.4, Hakeem Ajmal Khan Road, Chinnachockkikulam, Madurai - 625 002.
3.The Tahsildar, Taluk Office, Kodaikanal, Kodaikanal Post, Dindigul District.
4.The Commissioner of Town and Country Planning, No.807, Anna Salai, Chennai - 600 002.
..Respondents Writ Petition filed under Article 226 of the Constitution of India, seeking for issuance of a Writ of Mandamus, directing the first respondent to issue No Objection Certificate and consequently, direct the second respondent to send the layout plan along with connected records to the fourth respondent so as to enable him to pass necessary orders in respect of the property comprised in S.No.285, Vilpatti Village, Kodaikanal Taluk, Dindigul District, in terms of the Certificates issued on 27.02.2015 and 18.04.2017 in Mu.Mu.No.1136/2015 and Na.Ka.No.2206/2016, Ma.Ma.3 respectively issued by the third respondent.
For Petitioner : Mr.G.Ethirajulu For Respondents : Mr.D.Muruganantham Additional Government Pleader
ORDER
The writ petition has been filed for issuance of a Writ of Mandamus, to direct the first respondent to issue No Objection Certificate and consequently, direct the second respondent to send the layout plan along with connected records to the fourth respondent so as to enable him to pass necessary orders in respect of the property comprised in S.No.285, Vilpatti Village, Kodaikanal Taluk, Dindigul District, in terms of the Certificates issued on 27.02.2015 and 18.04.2017 in Mu.Mu.No.1136/2015 and Na.Ka.No.2206/2016, Ma.Ma.3 respectively issued by the third respondent.
2.Mr.D.Muruganantham, learned Additional Government Pleader, takes notice for the respondents. By consent, the writ petition itself is taken up for final disposal.
3.Mr.G.Ethirajulu, learned counsel appearing for the petitioner, on instructions, would submit that it would be suffice if a direction is issued to the respondents to consider the representations of the petitioner, dated 31.12.2015 and 26.05.2017, within a stipulated time to be fixed by this Court. 4.In view of the abovesaid submission made by the learned counsel appearing for the petitioner, without going into the merits of the case, this Court directs the respondents to consider the representation of the petitioner, dated 26.05.2017, after providing an opportunity to the necessary parties and pass appropriate orders on merits and in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order.
5.Accordingly, this writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar(CO) /True copy/ Sub Assistant Registrar To 1.The District Collector, Dindigul District, Dindigul.
2.The Town and Country Planning Authority, Rep. by Assistant Director (i/c), No.4, Hakeem Ajmal Khan Road, Chinnachockkikulam, Madurai - 625 002.
3.The Tahsildar, Taluk Office, Kodaikanal, Kodaikanal Post, Dindigul District.
4.The Commissioner of Town and Country Planning, No.807, Anna Salai, Chennai - 600 002.
+1cc to Mr.G.Ethirajulu,Advocate,SR. 61936 W.P.(MD)No.11760 of 2017 & W.M.P.(MD)No.9058 of 2017 27.06.2017 SMN2 KK/SKN RSK/SAR3/04.07.2017/3P-6C/