Madras High CourtWP(MD)/2354/2018disposed of

S.Deeparaj v. The Divisional Railway Manager

2020-09-09Honourable Mr Justice D. Krishnakumar2 pages

W.P.(MD) No.2354 of 2018 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :09.09.2020

CORAM

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR W.P.(MD) No.2354 of 2018 S.Deeparaj

...Petitioner

Vs 1.The Divisional Railway Manager (Works), Southern Railway, Divisional Office, Works Branch, Trivandram - 14, Kerala State.

2.The Additional Division Engineer, Southern Railway, Nagercoil, Kanyakumari District.

...Respondents

PRAYER : Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, to direct the respondents to grant No Objection Certificate for construction of commercial building in Re.Survey No.450/24B situated in Eranial Village, Kalkulam Taluk, Kanyakumari District, on the basis of the petitioner's application in Reference No. 407/2017/A1 dated 06.06.2017.

For Petitioner : Mr.R.Mohanasundaram For Respondents: Mr.S.Manohar

ORDER

This Writ Petition is filed to direct the respondents to grant No Objection Certificate for construction of commercial building in Re.S.No.450/24B situated at Eranial Village, Kalkulam Taluk, Kanyakumari District.

2.According to the petitioner, he made an application dated 06.06.2017 to the respondents with the relief sought for in the prayer. So far no action has been taken. Hence, the petitioner is before this Court.

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W.P.(MD) No.2354 of 2018 3.The learned counsel appearing for the respondents would submit that the petitioner's application dated 06.06.2017 would be duly considered on merits and in accordance with law, within a time frame to be fixed by this Court.

4.In agreement with the submission made by the learned counsel appearing for the respondents, without expressing any opinion on the merits of the case, this Court directs the 1st respondent to consider the petitioner's application dated 06.06.2017 and pass appropriate orders on merits and in accordance with law, after providing opportunities to the petitioner, within a period of twelve weeks from the date of receipt of a copy of this order. 5.With the above direction, this Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar (CS-II) // True Copy // / /2020 Sub Assistant Registrar(CS ) mm Note: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

+1 CC to M/s.S. MANOHAR, Advocate ( SR-16535[F] dated 10/09/2020 ) W.P.(MD) No.2354 of 2018 09.09.2020 NR (16.09.2020) 2P 2C https://hcservices.ecourts.gov.in/hcservices/ 2/2