Madras High CourtWP(MD)/14414/2024disposed of

Mohamed Ibrahim Rahman. S v. The Director Of Town And Country Planning

2024-08-21Honourable Ms. Justice P.T. Asha5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.08.2024

CORAM

THE HONOURABLE Ms.JUSTICE P.T.ASHA and W.M.P.(MD) No.12640 of 2024 S.Mohamed Ibrahim Rahman ... Petitioner /vs./ 1.The Director of Town and Country Planning, No.807, Anna Salai, Chennai, Chennai District.

2.The Director, Town and Country Planning, Regional and LPA Officer, Trichirappalli District, Trichirappalli 620 023.

3.The Deputy Director/Member Secretary, Local Planning Authority, District Local Planning Office, Kajamalai Main Road, Kajamalai, Trichy.

4.The Commissioner, Trichy Corporation, Trichy ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorarified Mandamus, to call for the records of the 2nd respondent's Impugned Letter in File No.SLIBY014/2024/TCP dated 05.02.2024 and 1/5

quash the same as devoid of merits and consequentially to release the petitioner's lands as per Section 38 of the Tamilnadu Town and Country Planning Act, 1971, consequentially directing the 2nd respondent to grant approval for the layout for the property in Survey No.164/3 an extent of 38 cents in Kottapattu village, Trichirappalli East Taluk, Trichirappalli District, within the period as stipulated by this Court.

For Petitioner : Mr.A.Haja Mohideen For Respondents: Mr.B.Saravanan Additional Government Pleader

ORDER

The above writ petition has been filed for a Certiorarified Mandamus to quash the order of the second respondent in File No.SLIBY014/2024/TCP dated 05.02.2024, to release the petitioner's land as per Section 38 of the Tamilnadu Town and Country Planning Act, 1971 and to direct the second respondent to grant approval for the layout for the property in S.No.164/3, measuring an extent of 38 cents, at Kottapattu village, Trichirappalli East Taluk, Trichirappalli District.

2. It is now stated by Mr.B.Saravanan, learned Additional Government Pleader for the respondents that there is no intention to acquire the lands of the petitioner and he has received a communication from the Joint Director of Trichy, wherein it had been stated as follows:

(*)3."The writ petition is disposed of, taking note of the fact that for over 5 2/5

years the lands acquired have not been used, the same has to be released back to the petitioner, within a period of six weeks from the date of receipt of a copy of this order. After the release of the land, the application for approval shall be re3/5

presented and on receipt of such application, the second respondent shall consider the same for approval and pass orders in accordance with law. No costs." Sd/- Assistant Registrar(CO) (*)Inserted vide Court order dated. 25.09.2024 Sd/- Assistant Registrar(C.O) // True Copy // /10/2024 Sub Assistant Registrar ( CS-I / II / III / IV ) (*)To be substituted to the order already despatched on 12.09.2024. mm To 1.The Director of Town and Country Planning, No.807, Anna Salai, Chennai, Chennai District.

2.The Director, Town and Country Planning, Regional and LPA Officer, Trichirappalli District, Trichirappalli 620 023.

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3.The Deputy Director/Member Secretary, Local Planning Authority, District Local Planning Office, Kajamalai Main Road, Kajamalai, Trichy.

4.The Commissioner, Trichy Corporation, Trichy +1 CC to M/s.A.HAJA MOHIDEEN, Advocate ( SR-45457[F] dated 22/08/2024 ) +1 CC to M/s.SPL.GP ( SR-46027[F] dated 23/08/2024 ) 21.08.2024 MGJ(09.09.2024) 5P 7C SI -(16.10.2024) 5P/ 7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 5/5