Karthikeyan Garden Residents Welfare Association v. The Director Of Town And Country Planning
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Special Original Jurisdiction Tuesday, the Twenty Fourth day of November Two Thousand Twenty PRESENT The Hon`ble Mr.Justice N.KIRUBAKARAN AND The Hon`ble Mr.Justice B.PUGALENDHI WP(MD). No.16674 of 2020 and WMP(MD)No.13933 of 2020 Karthikeyan Garden Residents Welfare Association, South Vibuthi Prakaram, T.V.Koil, Tiruchirapalli-620 005 Rep. by its Secretary R.Thirunavukkarasu S/o.Ramamurthy No.14 Karthikeyan Garden. South 5th Prakaram, Srirangam, Tiruchirapalli. Petitioner Vs 1 The Director of Town and Country Planning, Opp.
LIC Chegalvarayan Building, Fourth Floor Anna Salai, Chennai-600 002 2 The Deputy Director of Town and Country Planning, Tiruchy Region Kajamalai Main Road, Kajamalai Tiruchirapalli-23 3 The Member Secretary, Trichy Local Planning Authority, Kajamalai Main Road, Kajamalai Tiruchirapalli-23 4 The Commissioner, Tiruchirapalli City Corporation, Promenade Road, Cantonment Tiruchirapalli- 5 The Assistant Commissioner Srirangam Zone Tiruchirapalli City Corporation Gandhi Road Srirangam-620 006 6 R.Chandraprakash, 7 R.Nagarajan 8 S.
9 The Sub Registrar, Sub Registrars Office, Srirangam Tiruchirappalli- 620 006 ... Respondents Prayer :- This petition filed under Article 226 of Constitution of India to issue a Writ of Certiorari, calling for the records of the fourth respondent in Na.Ka.No.F1/5420/06/Maiyan dated 09.10.2020 quash the same ORDER:- This Petition coming on for orders on this day and upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of Thiru.. K.S.Vamsidhar, Advocate for the Petitioner and of Thiru.Muthugeethaiyan, Special Government Pleader for the respondents one to three, Thiru. Saji Bino, Standing Counsel for the respondents four and five and of Thiru. Sathiya Singh, Additional Government Pleader for the nineth respondent, this Court made the following order:
The case of the petitioner is that the land, which has been earmarked for public purpose, is sought to be converted as a private land, contrary to the approved layout. Therefore, the petitioner Association has filed this writ petition challenging the impugned proceedings of the fourth respondent dated 09.10.2020, in Na.Ka.No.F1/5420/06/Maiyan.
2. In view of the same, though no stay application is filed, this Court suo motu grants an order of interim stay of the proceedings of the fourth respondent dated 09.10.2020.
3. There shall also be a direction as aginst the ninth respondent/Sub Registrar, not to register any document with regard to the subject property.
4. Mr.Muthugeethaiyan, learned Special Government Pleader takes notice for the respondents 1 to 3, Mr. Saji Bino, learned Standing Counsel takes notice for the respondents 4 & 5. Mr.Sathiya Singh, learned Additional Government Pleader takes notice for the 9th respondent.
5. Notice to the respondents 6 to 8 returnable by 09.12.2020. Private notice through Speed Post, Hand Mail, Courier, WhatApp, E-Mail, is also permitted.
6. Call on 09.12.2020. On the said date, the officer, who has granted the permission, shall appear before this Court. Sd/- Assistant Registrar (CS-I) // True Copy // / /2020 Sub Assistant Registrar(CS)
TO 1 The Director of Town and Country Planning, Opp. LIC Chegalvarayan Building, Fourth Floor Anna Salai, Chennai-600 002 2 The Deputy Director of Town and Country Planning, Tiruchy Region Kajamalai Main Road, Kajamalai Tiruchirapalli-23 3 The Member Secretary, Trichy Local Planning Authority, Kajamalai Main Road, Kajamalai Tiruchirapalli-23 4 The Commissioner, Tiruchirapalli City Corporation, Promenade Road, Cantonment Tiruchirapalli- 5 The Assistant Commissioner Srirangam Zone Tiruchirapalli City Corporation Gandhi Road Srirangam-620 006
6. The Sub Registrar, Sub Registrars Office Srirangam Tiruchirappalli-006
7. The Special Govt. Pleader, Madurai Bench of Madras High Court, Madurai Copy to:
The Section Officer, Writ Section, Madurai Bench of Madras High Court, Madurai.
ORDER DATED : 24/11/2020 ==========================
ORDER
========================== WP(MD). No.16674 of 2020 Giving direction and etc.
as stated within.
VB (03.12.2020) 3P 9C