Madras High CourtWP(MD)/3809/2017disposed of

V.Jain Leese v. The Deputy Director Of Town

2017-03-03Honourable Mr Justice K. Ravichandrabaabu2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.03.2017

CORAM:

THE HONOURABLE MR.JUSTICE K.RAVICHANDRABAABU W.P.(MD) No.3809 of 2017 and W.M.P.(MD) No.3020 of 2017 V.Jain Leese ... Petitioner -vs1.The Deputy Director of Town & Country Planning Tirunelveli Region 108, Trivandrum Road Tirunelveli, Tirunelveli District-627 002 2.The Kottanallor Town Panchayat Chenparuthi Vilai Post Kanyakumari District-629 166 rep.by its Executive Officer ... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India for issuance of writ of mandamus directing the second respondent, Executive Officer, Kottanallor Town Panchayat to consider and pass orders forthwith on the petitioner's application, dated 13.06.2016, for grant of Building Plan Approval for the proposed construction of the petitioner's house in Survey No.30/1A2 in the light of the proceedings of the Director of Town and Country Planning in Na.Ka.No.9862/10BA1, dated 14.06.2010 and 17.02.2011.

For Petitioner :

Mr.K.Ragatheesh Kumar For Respondents :

Mr.T.S.Mohammed Mohideen Addl. Govt. Pleader

O R D E R

Mr.T.S.Mohammed Mohideen, learned Additional Government Pleader, takes notice for the respondents. With the consent of both sides, the writ petition is taken up for final hearing at the admission stage itself.

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2. The prayer in the writ petition is for issuance of a writ of mandamus to direct the second respondent to consider and pass orders forthwith on the petitioner's application, dated 13.06.2016, seeking approval for the proposed construction of a house in the land in Survey No.30/1A2 in the light of the proceedings of the Director of Town and Country Planning, in Na.Ka.No.9862/10BA1, dated 14.06.2010 and 17.02.2011.

3. The grievance of the petitioner is that though he has submitted application for approval of building plan as early as on 13.06.2016, sofar the second respondent has not passed any orders.

4. Therefore, the writ petition is disposed of, without expressing any view on the claim made by the petitioner, only with a direction to the second respondent to consider the petitioner's application, dated 13.06.2016, and to pass orders on the same on merits and in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order. No costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar(C) /True Copy/ Sub Assistant Registrar To:

1.The Deputy Director of Town & Country Planning, Tirunelveli Region, 108, Trivandrum Road, Tirunelveli, Tirunelveli District-627 002.

2.The Executive Officer, Kottanallor Town Panchayat, Chenparuthi Vilai Post, Kanyakumari District-629 166.

+1cc to Mr.K.Ragatheeshkumar, Advocate Sr.No. 12563 +1cc to M/S THE SPECIAL GOVERNMENT PLEADER, SR.NO. 12321 krk AE/RR/20.03.2017/2P/5C W.P.(MD) No.3809 of 2017 and W.M.P.(MD) No.3020 of 2017 03.03.2017 https://hcservices.ecourts.gov.in/hcservices/