B.Radhakrishnan v. The Director Of Town And Country Planning

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.06.2024

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and W.M.P.(MD)No.12194 of 2024 B.Radhakrishnan ... Petitioner Vs.

1.The Director of Town & Country Planning, 2nd, 3rd & 4th Floor, C & E Market Road, Koyambedu, Chennai-600 017.

2.The Deputy Director of Town Planning, VI Sector, Mudakkathan Main Road, Koodal Pudhur, Aanaiyoor, Madurai-625 017.

3.The Block Development Officer, Vadipatti Union, Madurai District.

4.Kathiravan ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, to direct the 2nd respondent not to issue layout approval to the 4th respondent in respect of S.F.No.442/4A and 442/4 C, Kachaikatti village, Vadipatti Taluk, Madurai District based on the objections raised by the petitioner in his representation dated 22.02.2024 and 1/4

further directing the 2nd respondent to consider the representation of the petitioner dated 22.02.2024 and to pass appropriate orders within a time frame fixed by this Court.

For Petitioner : Mr.Gokulnath For Respondents : Mr.G.V.Vairam Santhosh Additional Government Pleader for R1 & R2 : Mr.S.Shanmugavel Additional Government Pleader for R3

ORDER

Heard the learned counsel appearing for the petitioner and the learned Additional Government Pleader appearing for R1 to R3. Issuance of notice to the fourth respondent is dispensed with.

2. The petitioner alleges that the second respondent should not issue layout approval to the fourth respondent in respect of the petition mentioned land. This Court cannot assume that the second respondent will act in an illegal manner. Be that as it may, while considering the fourth respondent's application, the second respondent will take into account the petitioner's objection. If the petitioner's objections are overruled and the fourth respondent is to be given the layout approval, then copy of the proceedings shall be served immediately on the petitioner so that the petitioner can challenge the same in the manner known to law. I make it clear that I have not gone into the merits of 2/4

the matter. The contentions of both the parties are left open.

3. The Writ Petition is disposed of accordingly. No costs. Consequently, connected miscellaneous petitions are closed. 28.06.2024 NCC : Yes/No Index : Yes / No Internet : Yes/ No rmi To 1.The Director of Town & Country Planning, 2nd, 3rd & 4th Floor, C & E Market Road, Koyambedu, Chennai-600 017.

2.The Deputy Director of Town Planning, VI Sector, Mudakkathan Main Road, Koodal Pudhur, Aanaiyoor, Madurai-625 017.

3.The Block Development Officer, Vadipatti Union, Madurai District.

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G.R.SWAMINATHAN, J.

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