Rangarajan v. The Commissioner

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 31.08.2023

CORAM:

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE and THE HON'BLE MR.JUSTICE C.KUMARAPPAN W.P.(MD) Nos.15774 to 15808 of 2023 and WMP(MD) Nos.13194, 13198, 13200, 13201, 13203 to 13228, 13230 to 13232 of 2023 W.P.(MD) No.15774 of 2023 Rangarajan ... Petitioner -vs1.The Commissioner Trichy City Municipal Corporation, Trichy.

2.The Assistant Commissioner Ward Group Office - I Trichy City Municipal Corporation Trichy.

... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, for issuance of a Writ of Certiorari to call for the records comprised in Na.Ka.No.F1/6631/2017 dated 27.04.2023 on the file of the 2nd respondent and

quash the same as arbitrary, illegal and contrary to the principles of natural justice.

For Petitioners : Mr.K.Prabhakar For Respondents :

Mr.R.Baskaran Standing counsel COMMON ORDER [Order of the Court was made by The Hon'ble The CHIEF JUSTICE] We have heard Mr.K.Prabhakar, learned counsel for the petitioners and Mr.R.Baskaran, learned standing for the respondent Nos. 1 and 2.

2. It is submitted that writ petitions bearing W.P.(MD) Nos.13745 and 14268 of 2023, based on the similar set of facts, have been decided under order dated 27.06.2023 directing the parties to proceed under Section 113-C of the Tamil Nadu Town and Country Planning Act, 1971. In light of that, we follow the same course.

3. The petitioners may file applications under Section 113-C of the Act within fifteen days from today. The Government shall decide on the exemption within a period of 90 days therefrom. Till the time the applications are decided by the Government, no coercive action would be taken. It is made clear that if any exemption is granted by the Government, that will not confer ownership on the occupants. Parties may take further steps pursuant to the orders passed by the Government in the applications under Section 113-C of the Act.

4. These writ petitions are disposed of accordingly. However, there shall be no order as to costs. Consequently connected Miscellaneous Petitions are closed. [S.V.G., CJ.] [C.K., J.] 31.08.2023 NCC : Yes / No Index : Yes / No RR

To 1.The Commissioner Trichy City Municipal Corporation, Trichy.

2.The Assistant Commissioner Ward Group Office - I Trichy City Municipal Corporation Trichy.

THE HON'BLE THE CHIEF JUSTICE and C.KUMARAPPAN , J.

RR W.P.(MD)Nos.15774 to 15808 of 2023 31.08.2023