Madras High CourtWP(MD)/1897/2017dismissed

Dhanapal, v. The Commissioner,

2017-07-20Honourable Mr Justice K.K. Sasidharan,Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.07.2017

CORAM:

THE HONOURABLE MR.JUSTICE K.K.SASIDHARAN AND THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.1897 of 2017 and W.M.P(MD)No.2900 of 2017 Dhanapal .. Petitioner Vs.

1.The Commissioner, Trichy Municipal Corporation, Trichy.

2.The Assistant Commissioner, Ko-Abisekapuram Division, Trichy Municipal Corporation, Trichy.

.. Respondents PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the second respondent to issue an application to regularise the building plan approval of the petitioner's house on the basis of his representation dated 28.09.2016.

For petitioner Mr.T.Vadivelan For respondents :Mr.N.S.Karthikeyan

O R D E R

*********** [Order of the Court was made by K.K.SASIDHARAN, J.] The second respondent issued a notice to the petitioner invoking Sections 56-2(A) and 57 of the Tamil Nadu Town and Country Planning (Amendment) Act 2008. Notice was issued on 21.09.2016. The petitioner has challenged the said notice by filing this Writ Petition to issue a direction to the second respondent to issue application to regularise the building.

2. There is no question of issuance of a Writ of Mandamus to direct the second respondent to regularise the building. There is no challenge made to the statutory proceedings initiated by the second respondent till date. We, therefore, do not find any reason to issue a Mandamus as prayed for by the petitioner. https://hcservices.ecourts.gov.in/hcservices/

3. In the upshot, we dismiss the writ petition. No costs. Consequently, the connected miscellaneous petition is dismissed. Sd/- Assistant Registrar(P&A) / True Copy / Sub Assistant Registrar(C.S.) To 1.The Commissioner, Trichy Municipal Corporation, Trichy.

2.The Assistant Commissioner, Ko-Abisekapuram Division, Trichy Municipal Corporation, Trichy.

+1cc to M/S.N.S.KARTHIKEYAN, Advocate SR.No.66689 +1cc to M/S.T.VADIVELAN, Advocate SR.No.66884 sm/ssl MAS/KK/SAR2:09.08.2017:2P-5C W.P.(MD)No.1897 of 2017 20.07.2017 https://hcservices.ecourts.gov.in/hcservices/