Madras High CourtWP(MD)/17766/2020allowed

S.Moorthi v. The Director

2023-07-17Honourable Mrs Justice S.Srimathy6 pages

ABEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 17.07.2023

CORAM

THE HONOURABLE MRS.JUSTICE S.SRIMATHY S.Moorthi ... Petitioner W.P.(MD)No.17766 of 2020 K.Sathiesh ... Petitioner W.P.(MD)No.17459 of 2020 V.Ramalingam ... Petitioner W.P.(MD)No.17747 of 2020 Vs.

1.The Director Town and Country Planning, No.807, Anna Salai, Chennai.

2.The Assistant Director Thanjavur District Local Town Planning Authority, Arulanatha Nagar, 3.The Tahsildar Papanasam Taluk Office, Papanasam, Thanjavur District 4.The Block Development Officer Papanasam, Thanjavur District.

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5.The President Mela Kapisthalam Panchayat, Mela Kapisthalam, Papanasam Taluk, ...

Respondents COMMON PRAYER: Writ Petitions filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus directing the second respondent to consider the petitioners' representation and granted the DCTP approval of the petitioners Plot Nos.15, 1 and 1, K.S.Nagar situated old S.No.435/2 and 437/2 and New Sub Division S.No.435/2C, Mela Kabilsthalam Village, Papanasam Taluk, Thanjavur District, based on the petitioners' representation, dated 15.10.2020, respectively.

In all Writ Petitions For Petitioners : Mr.G.Gomathi Sankar For Respondents : Mr.B.Saravanan Additional Government Pleader COMMON ORDER These Writ Petitions are filed for Writ of Mandamus, directing the 2nd respondent to consider the petitioners' representation and grant DCTP approval of the petitioners Plot Nos.15, 1 and 1, K.S.Nagar situated old S.No. 435/2 and 437/2 and New Sub Division S.No.435/2C, Mela Kabilsthalam Village, 2/6

Papanasam Taluk, Thanjavur District, based on the petitioners' representation dated 15.10.2020, respectively.

2. Heard on either side. Perused the material documents placed on record.

3. The petitioners' representation was not considered since one R.K.Ramasamy has filed a writ petition in W.P(MD)No.6215 of 2013 before this Court. Since the said writ petition is pending, the respondents are not able to consider the case of the petitioners'. However, the said petition was dismissed as withdrawn. There is no impediment to consider the petitioners' case.

4. This Court without going into the merits of the case, the respondents are directed to consider the petitioners' case and pass order in accordance with law, within a period of six weeks, from the date of receipt of the copy of the order.

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5. With these observations, these Writ Petitions are allowed. No Costs. Consequently, connected miscellaneous petitions are closed. Index : Yes / No 17.07.2023 Internet : Yes NCC : Yes / No ksa 4/6

To 1.The Director Town and Country Planning, No.807, Anna Salai, Chennai.

2.The Assistant Director Thanjavur District Local Town Planning Authority, Arulanatha Nagar, Thanjavur 3.The Tahsildar Papanasam Taluk Office, Papanasam, Thanjavur District 4.The Block Development Officer Papanasam, Thanjavur District.

5.The President Mela Kapisthalam Panchayat, Mela Kapisthalam, Papanasam Taluk, 5/6

S.SRIMATHY, J ksa COMMON ORDER made in W.P.(MD)Nos. 17766, 17459 & 17747 of 2020 17.07.2023 6/6