M.Gopinath, v. The Director Of Town &
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 24.07.2017
CORAM:
THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P(MD)No.24639 and 24640 of 2016 and W.M.P(MD)Nos.17766 to 17769 of 2016 M.Gopinath rep. by his power agent R.Vijay Prasanth .. Petitioner in W.P(MD)No.24639 of 2016 R.Kalidasan .. Petitioner in W.P(MD)No.24640 of 2016 Vs.
1. The Director of Town & Country Planning, O/o.the Directorate of Town & Country Planning Office, No.807, Anna Salai, Chennai.
2. The District Collector, O/o.the District Collectorate Office Campus,
3. The Commissioner, Promenada Road, Cantonment,
4. The Assistant Commissioner, Ponmalai Zone, Trichy, Trichy District.
5. The Assistant Director of Town & Country Planning, O/o.the Assistant Director of Town & Country Planning No.10, Williams Road, Cantonment, .. Respondents in both W.Ps.
COMMON PRAYER: Writ Petitions are filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Certiorarified Mandamus calling for the records relating to the impugned orderS passed by the fourth respondent in his proceedings in Na.Ka.No.5434/2016/F1/(Pon) and Na.Ka.No.5435/2016/F1/(Pon)
dated 10.09.2016 and quash the same as illegal and consequentially to direct the fourth respondent to restore the approval of building plan approved in his proceedings made in Ka.A.No.416/2015 and Ka.A.No.417/2015 dated 08.07.2015 within the period that may be stipulated by this Court.
For Petitioner : Mr.C.Venkateshkumar in both W.Ps.
for M/s.Ajmal Associates.
For Respondents : Mr.M.Alagathevan, 1, 2 and 5 in both W.Ps.
Special Government Pleader.
For Respondents 3 and 4 : Mr.N.S.Karthikeyan in both W.Ps.
COMMON ORDER These writ petitions are filed seeking a writ of Certiorarified Mandamus to quash the impugned orders passed by the fourth respondent in his proceedings in Na.Ka.No.5434/2016/F1/ (Pon) andNa.Ka.No.5435/2016/F1/(Pon) dated 10.09.2016 and also to direct the fourth respondent to restore the approval of building plan as per his proceedings made in Ka.A.No.416/2015 and Ka.A.No.417/2015, dated 08.07.2015.
2.The case of the petitioners is that in the year 1971, one Nagappa Chettiar Gilbert Morris formed Nagappa Nagar in S.F.No.143/4,5,6,7 part and 140/1, Kottapattu Village, Trichy Taluk, Trichy District, consisting of 64 plots, wherein 6 plots (A to F) were earmarked for public purpose. One R.M.Ponnammal purchased Plot Nos.17 and 18 on 19.09.1972, from whom, the power agent of the petitioners purchased the same vide Document No.2339/2009, dated 20.07.2009. The petitioners have purchased the same from him by registered sale deeds dated 23.01.2004 and 12.03.2014 respectively and they got plan approval from the third respondent vide proceedings dated 08.07.2015. 2.1.While so, one M.M.Kandasamy, who himself claimed as President of Nagappa Nagar Welfare Association, filed W.P(MD) No.
14129 of 2015 praying to take action against the petitioners on the ground that the particular area has been allotted for public purpose in the layout. During pendency of the same, the third respondent cancelled the building plan approval. Therefore, the petitioners also filed W.P(MD)Nos.15655 and 15656 of 2015 and all the writ petitions were disposed of by this Court, remitting the matter back to the authority concerned for fresh consideration. 2.2.The grievance of the petitioners is that, the fourth respondent without conducting any enquiry, has passed the impugned proceedings, dated 10.09.2016, cancelling the plan approval dated 08.07.2015. Therefore, the petitioners are before this Court.
3.Since the issue involved in both these writ petitions, is one and the same, they are taken up for hearing together and disposed of by this common order.
4.The learned counsel appearing for the petitioners would submit that the third respondent without conducting proper enquiry, has passed the impugned orders of cancellation and therefore the same deserve to be quashed.
5.The learned counsel appearing for the respondents 3 and 4 would submit that on the basis of complaint given by Nagappa Nagar Welfare Association, dated 03.08.2015, the impugned proceedings were passed and the appropriate remedy available to the petitioners is to approach the appellate authority i.e., first respondent by way of filing appeal.
6.Heard the learned counsel appearing for the petitioners. 7.Considering the above submissions made on either side, these writ petitions are disposed of, directing the petitioners to approach the first respondent, Director of Town and Country Planning, Chennai, by filing appeal against the impugned orders passed by the third respondent. The said appeals shall be filed within a period of two weeks from the date of receipt of a copy of this order and on such filing, the same shall be entertained by the first respondent without raising any issues with regard to limitation and dispose of the same within a period of six weeks thereafter, after affording due opportunity of hearing to all the parties concerned.
No costs.
Consequently, connected Miscellaneous Petitions are closed.
Sd/- Assistant Registrar(CS-I) /True Copy/ Sub Assistant Registrar To
1. The Director of Town & Country Planning, O/o.the Directorate of Town & Country Planning Office, No.807, Anna Salai, Chennai.
2. The District Collector, O/o.the District Collectorate Office Campus,
3. The Commissioner, Promenada Road, Cantonment,
4. The Assistant Commissioner, Ponmalai Zone, Trichy, Trichy District.
5. The Assistant Director of Town & Country Planning, O/o.the Assistant Director of Town & Country Planning No.10, Williams Road, Cantonment, +2ccs to M/S.Ajmal Associates, Advocate in SR.No.67403,67406 +1cc to Mr.N.S.Karthikeyan, Advocate in SR.No.67220 +1cc to The Special Government Pleader in SR.No.67975 smn AE/SKN RSK/SAR2/31.07.2017/4P/10C ORDER MADE IN W.P(MD)No.24639 and 24640 of 2016 and W.M.P(MD)Nos.17766 to 17769 of 2016 24.07.2017