Ramaprabha v. The Commissioner

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :28.07.2023

CORAM:

THE HONOURABLE MR.JUSTICE S.S.SUNDAR and THE HONOURABLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY W.P(MD)No.18212 of 2023 and W.M.P(MD)No.15190 of 2023 Ramaprabha ... Petitioner Vs.

The Commissioner, Aranganthani Municipality, Pudukkottai District.

... Respondent Prayer: Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Certiorarified Mandamus calling for the records relating to the impugned order passed by the respondent in his notice No.1, dated 30.05.2023 and notice No.1/1 dated 01.06.2023 and quash the same as arbitrary and illegal and consequently, permit the petitioner to continue with the construction pertain to commercial building situate in Town Survey No.5, Ward C.Block 10 of Aranthangi Municipality, Pudukkottai District.

For Petitioner :Ms.A.Arul Jenifer for M/s.KBs Law Office For Respondent :Mr.S.Kameswaran 1/4

ORDER

(Order of the Court was made by S.S.SUNDAR, J.) Heard Ms.A.Arul Jenifer, learned counsel for the petitioner and Mr.S.Kameswaran, learned counsel for the respondent.

2. The petitioner has filed this writ petition challenging the order passed by the respondent in his notice No.1, dated 30.05.2023 and notice No.1/1, dated 01.06.2023 and to consequently, permit the petitioner to continue with the construction pertains to commercial building situate in Town Survey No.5, Ward C.Block 10 of Aranthangi Municipality, Pudukkottai District.

3. Though the revised plan submitted by the petitioner is rejected, it is now reported by the learned standing counsel for the respondent that the petitioner has filed an appeal before the Director of Town and Country Planning as against the order rejecting the revised plan.

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4. With liberty to pursue the appeal before the appellate Authority who is competent to decide the appeal as against the order rejecting the revised plan, this writ petition is dismissed. In case, the petitioner is willing to demolish the deviated portion and put up construction in accordance with the plan that is submitted and approved as on date, he may be permitted to continue the same. However, it is open to the respondent to take action in case of any violation. No Costs. Consequently, connected miscellaneous petition is closed. [S.S.S.R., J.] [D.B.C., J.] 28.07.2023 Index : Yes / No NCC : Yes/No pm 3/4

S.S.SUNDAR, J.

and D.BHARATHA CHAKRAVARTHY , J.

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