K.Shanmugasundaram v. The Director

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 20.06.2023

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN and THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI and W.M.P.(MD) Nos.6457 & 6458 of 2018 K.Shanmugasundaram ... Petitioner -vs1.The Director City Town Planning Authority 807, Anna Salai, Chennai-02 2.The District Collector Madurai District, Madurai 3.The Commissioner Madurai Corporation Madurai 4.The Executive Member (incharge) Madurai Town Planning Authority Madurai 5.Harihara Sudhan Proprietor of Gowry Krishna Hotel Byepass Road Opp.Tamilnadu Transport Corporation Ltd., Madurai ... Respondents

PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of mandamus directing the Respondents 1 to 4 to implement the proceeding in Na.Ka.No.1046/2016/Mathi.5 dated 24.08.2016 under the provision of Tamilnadu Town Planning Act, 1971 passed by the fourth respondent within stipulated time by this Court. For Petitioner :

Mr.J.David Ganesan For Respondents :

Mr.V.Nirmal Kumar Government Advocate for R1, R2 & R4 Mr.R.Murali for R3 Mr.Satheesh Parasaran, Senior Counsel assisted by Mr.J.Pandi Dorai for R5

O R D E R

[Order of the Court was made by R.SUBRAMANIAN, J.] Prayer in this writ petition reads as follows: "For the reasons stated in the accompanying affidavit, It is therefore prayed that this Hon'ble court may be pleased to issue WRIT OF MANDAMUS or other direction in the nature of Writ directing the Respondents 1 to 4 to implement the proceeding in Na.Ka.No. 1046/2016/Mathi.5 dated 24.08.2016 under the provision of Tamilnadu Town Planning Act, 1971 passed by the fourth respondent within stipulated time by this Hon'ble Court and to pass such other further orders as this Hon'ble Court deemed to be fit and proper in this circumstances of the case and thus render justice."

2. Though the prayer is sought to be opposed on various grounds, we find that the said opposition can not be entertained. Once there is a proceeding validly passed, it is for the authority concerned to implement the same, unless there is any other prohibitory order passed. It is now stated that an application for approval of revised plan has been filed and the same is pending.

3. The authority concerned will consider the same also along with the representation to implement the order passed on 24.08.2016 and if the application is rejected, they can go ahead and implement the order dated 24.08.2016.

4. The writ petition is disposed of with the above direction. No costs. Consequently, connected miscellaneous petitions are closed. [R.S.M., J.] [L.V.G., J.] 20.06.2023 (2/3) NCC :

Yes / No Index :

Yes / No Internet :

Yes / No krk

To:

1.The Director, City Town Planning Authority, 807, Anna Salai, Chennai-02.

2.The District Collector, Madurai District, Madurai.

3.The Executive Member (incharge), Madurai Town Planning Authority, Madurai.

R.SUBRAMANIAN , J.

and L.VICTORIA GOWRI , J.

krk and W.M.P.(MD) Nos.6457 & 6458 of 2018 20.06.2023 (2/3)