Simpra Research Institute v. The Director Of Town And Country Planning

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 14.11.2024

CORAM:

THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI and W.M.P.(MD)No.13046 of 2024 Simpra Research Institute, Rep. By its Chairman, R.J.Antony Raj, 203, M.C.Road, Thanjavur - 613 007.

... Petitioner Vs.

1.The Director of Town and Country Planning, O/o. The Director of Town and Country Planning, Koyambedu, Chennai - 10.

2.The District Collector, Thanjavur.

3.The Assistant Director of Town and Country Planning, O/o. The District Town and Country Planning, Thanjavur.

... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus, challenging the order of the third respondent dated 03.07.2023, rejecting the building planning permission vide online application dated 11.03.2023, in Ref.No.SWB/BPA/008044/2023 of the petitioner and quash the same and consequently direct the respondents to grant building permission. For Petitioner : Mr.A.Srinivasan For Respondents : Mr.S.Kameswaran Government Advocate 1/4

ORDER

This Writ Petition came to be filed, challenging the order of the third respondent, dated 03.07.2023, rejecting the building plan permission vide online application dated 11.03.2023. 2.When the matter was called up for hearing, the learned Government Advocate appearing for the respondents submitted that the petitioner has already put up construction in basement level, even before making application for building plan permission. 3.Responding to the same, the learned counsel appearing for the petitioner submitted that he is ready to demolish the construction whatever has been put up by the petitioner without permission. The respondents shall consider the petitioner's online application dated 11.03.2023.

4.Heard the learned counsel appearing for the petitioner, the learned Government Advocate appearing for the respondents and carefully perused the entire materials available on record. 5.In view of the same, the petitioner is hereby directed to remove the unauthorized construction, if any, already made in the site and the 2/4

respondents are directed to consider the petitioner's online application dated 11.03.2024 and pass appropriate orders in accordance with law within a period of four weeks from the date of receipt of copy of this order. The petitioner shall furnish all the necessary documents for appreciation of his application.

6.Accordingly, this Writ Petition is disposed of. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed.

14.11.2024 NCC : Yes / No Index :

Yes / No Internet :

Yes Mrn To 1.The Director of Town and Country Planning, O/o. The Director of Town and Country Planning, Koyambedu, Chennai - 10.

2.The District Collector, Thanjavur.

3.The Assistant Director of Town and Country Planning, O/o. The District Town and Country Planning, Thanjavur.

3/4

L.VICTORIA GOWRI, J.

Mrn 14.11.2024 4/4