Madras High CourtWP(MD)/16304/2020dismissed

Porkodi Devavaram v. The District Collector

2021-01-11Honourable Mr Justice M.M.Sundresh,Honourable Mrs Justice S.Ananthi (Retd.)5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.01.2021

CORAM:

THE HONOURABLE MR.JUSTICE M.M.SUNDRESH AND THE HONOURABLE MRS. JUSTICE S.ANANTHI W.P.(MD)No.16304, 16657 and 17052 of 2020 and W.M.P.(MD) Nos.13623, 14253 and 13911 of 2020 (Through Video Conferencing) W.P.(MD) No.16304/2020 1.Porkodi Devavaram 2.R.Sivakumar : Petitioners Dindigul District, Villpatti Panchayat, 1/5

For RR1 & RR2 Mr.R.Murugan for R3 and R4 Mr.S.M.S.Johnny Basha for R5 Mr.T.S.Mohammed Mohideen Amicus Curiae W.P.(MD) No.16657/2020 V.R.Elumalai : Petitioner Dindigul District, Dindigul.

Villpatti Panchayat, Dindigul District.

For RR1 & RR2 Mr.R.Murugan for R3 and R4 Mr.S.M.S.Johnny Basha for R5 Mr.T.S.Mohammed Mohideen Amicus Curiae 2/5

W.P.(MD) No.17052/2020 1.C.Mahendran 2.M.Archana 3.M.Sriram 4.N.M.Boopalan : Petitioners Dindigul District, Dindigul.

Villpatti Panchayat, Dindigul District.

For RR1 & RR2 Mr.R.Murugan for R3 and R4 Mr.S.M.S.Johnny Basha for R5 Mr.T.S.Mohammed Mohideen Amicus Curiae

ORDER

(Order of the Court was made by M.M.SUNDRESH, J.) Challenge is made to the order passed by the third respondent dated 12.02.2019 issued to the 1st respondent under Section 217(J) of 3/5

the Tamil Nadu District Municipalities Act and Section 56 of Tamil Nadu Town and Country Planning Act, 1971.

2. Admittedly, the orders under challenge are appealable in nature under Section 80(A) of the Town and Country Planning Act, 1971.

3. In such view of the matter, without going into the merits of the matter, the petitioners are at liberty to file an appeal. Four weeks time, from the date of receipt of a copy of this order, is granted to file the appeal. As and when the same is filed, thereafter it shall be taken on file and the Government is expected to dispose it of within a period of four months thereafter. The petitioners are at liberty to seek appropriate interim orders pending appeal. Accordingly, the writ petitions stand dismissed. No costs. Consequently connected Miscellaneous Petitions are closed. Sd/- Assistant Registrar (P&A) // True Copy // / /2021 Sub Assistant Registrar(CS) RR Note: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned. To Dindigul District, Villpatti Panchayat, 4/5

+1 CC to M/s.SPL GP ( SR-938[F] dated 18/01/2021 ) +1 CC to M/s.T.S.MOHAMED MOHIDEEN, Advocate ( SR-764[F] dated 11/01/2021 ) +3 CC to M/s.R.RAGAVENDRAN, Advocate ( SR-747[F] dated 11/01/2021 ) W.P.(MD)Nos.16304, 16657 and 17052 of 2020 Dated: 11.01.2021 SSS(CO) KB(08.02.2021) 5P 11C 5/5