Dr.Satheeshkumar v. The Director

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.08.2016

CORAM:

THE HONOURABLE MR.JUSTICE NOOTY.RAMAMOHANA RAO AND THE HONOURABLE MR.JUSTICE S.S.SUNDAR W.P(MD)No.13571 of 2016 1.Dr.Satheeshkumar 2.Dr.N.Punithamani ... Petitioners Vs.

1.The Director, Department of Town and Country Planning Development, No.807, Anna Salai, Chennai - 600 002.

2.Batlagundu Town Panchayat, represented by its Executive Officer, Batlagundu, Dindigul District.

... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the first respondent to dispose the revised plan approval submitted by the petitioners on 23.12.2015 through the second respondent as expeditiously within a time limit fixed by this Court.

For Petitioners : Mr.G.R.Swaminathan for Mr.T.Antony Arul Raj For Respondents : Mr.C.Selvaraj, Special Government Pleader

ORDER

(Order of the Court was made by NOOTY.RAMAMOHANA RAO,J.) This writ petition is instituted by two Doctors, who seem to have been serving the rural poor and needy by treating them with lot of compassion and kindness. Since the petitioners seem to have picked up very encouraging practice in their profession and since with rental building in which they are carrying on their Nursing Home, was not catering to all their needs, they seem to have https://hcservices.ecourts.gov.in/hcservices/

submitted a plan for construction of a Nursing Home, comprising Ground + 2 Upper Floors. The building permission was sanctioned in December 2013. It appears that some departures were made from the approved building plan while making constructions and hence, a revised building plan appears to have been submitted on 23.12.2015. Since the same has not been considered so far, the present writ petition is instituted.

2. As to whether the revised building plan is liable to be sanctioned or not, is a decision of the competent authority, who can take any such decision after undertaking an inspection of the premises in question and finding that it is otherwise in order and he may do so. But however, he cannot keep the application of the petitioners pending for an interminable period.

3. Hence, without expressing any opinion on merits, we direct the first respondent - the Director, Department of Town and Country Planning Development, Chennai, to take up the application for revised building plan said to have been submitted by the petitioners on 23.12.2015 and pass appropriate orders thereon in accordance with law, after providing an opportunity of hearing to the petitioners, as expeditiously as possible, preferably within a period of three months from the date of receipt of a copy of this order.

4. Accordingly, this writ petition stands disposed of as above. No costs.

Sd/ Assistant Registrar (AS) /True Copy/ Sub Assistant Registrar To 1.The Director, Department of Town and Country Planning Development, No.807, Anna Salai, Chennai - 600 002.

2.The Executive Officer, Batlagundu Town Panchayat, Batlagundu, Dindigul District.

+1 cc to MR.T.ANTONY ARULRAJ, Advocate Sr.No.45912 +1 cc to Special Government Pleader SR.No.46141 W.P(MD)No.13571 of 2016 18.08.2016 SMA/SK-SKN/SAR-III/30/08/2016 :2P/5C https://hcservices.ecourts.gov.in/hcservices/