C.Sudha v. The Block Development Officer
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 01.04.2024
CORAM
THE HON'BLE MR.JUSTICE C.SARAVANAN C.Sudha ... Petitioner Vs.
1.The Block Development Officer, Kadayanallur Panchayat Union, Kadayanallur, Tirunelveli District.
2.The Executive Officer, Urmelalagiyan Village Panchayat, Kadayanallur Taluk, Tirunelveli Distict.
... Respondents Prayer: Writ Petition filed under Article 226 of Constitution of India for issuance of a Writ of Mandamus directing the respondents to issue Building Plan Approval for the petitioner's proposed construction in S.No.412/1, Urmelalagiyan Village, Kadayanallur Taluk, Tirunelveli District by considering her Application in AA3/2018/16 dated 26.08.2017 within the period stipulated by this Court.
For Petitioner : Mr.M.Mohamed Sherbudeen For R1 : Mr.S.P.Maharajan Special Government Pleader For R2 : No appearance Page No. 1 of 5
O R D E R
The petitioner has filed this Writ Petition for issuance of a Writ of Mandamus directing the respondents to issue building plan approval for the petitioner's proposed construction in S.No.412/1, Urmelalagiyan Village, Kadayanallur Taluk, Tirunelveli District by considering her application dated 26.08.2017 in AA3/2018/16 within a period stipulated by this Court.
2. The petitioner has filed an application before the second respondent for approval of building plan as early as 26.08.2017. It appears that till date, the building plan has not been approved. The Government of Tamil Nadu has now promulgated "The Tamil Nadu Combined Development and Building Rules, 2019" under the following provisions:
i. Sections 32(4) and 122 of the Tamil Nadu Town and Country Planning Act, 1971, ii. Sections 191 and 303 of the Tamil Nadu District Municipalities Act, 1920, iii. Section 242 of the Tamil Nadu Panchayats Act, 1994, iv. Sections 230 and 347 of the Chennai City Municipal Corporation Act, 1919, v. Sections 268 and 431 of the Madurai City Municipal Corporation Act, 1971, Page No. 2 of 5
vi. Sections 268 and 430 of the Coimbatore City Municipal Corporation Act, 1981, vii.Section 11 of the Tiruchirappalli City Municipal Corporation Act, 1994, viii.Section 11 of the Tirunelveli City Municipal Corporation Act, 1994, ix. Section 11 of the Salem City Municipal Corporation Act, 1994, x. Section 10 of the Tiruppur City Municipal Corporation Act, 2008, xi. Section 10 of the Erode City Municipal Corporation Act, 2008, xii.Section 10 of the Vellore City Municipal Corporation Act, 2008, xiii.Section 10 of the Thoothukudi City Municipal Corporation Act, 2008, xiv.Section 10 of the Thanjavur City Municipal Corporation Act, 2013, and xv.Section 10 of the Dindigul City Municipal Corporation Act, 2013.
3. As per the said Act, approval of building plan is a mandatory for constructing a building. Considering the same, the second respondent is directed to process the application filed by the petitioner in accordance with the provisions of the aforesaid Rules, as expeditiously as possible, within a period of 12 weeks from the date of receipt of a copy of this order, if the application filed by the petitioner has not already been disposed of. In case, the second respondent is not having the application Page No. 3 of 5
of the petitioner, the petitioner may be called for to furnish a copy of the same.
4. This Writ Petition stands disposed of with the above observations. No cost.
01.04.2024 Index: Yes/ No Speaking Order / Non-Speaking Order JEN Copy To:
1.The Block Development Officer, Kadayanallur Panchayat Union, Kadayanallur, Tirunelveli District.
2.The Executive Officer, Urmelalagiyan Village Panchayat, Kadayanallur Taluk, Tirunelveli Distict.
Page No. 4 of 5
C.SARAVANAN , J.
JEN 01.04.2024 Page No. 5 of 5