Michael Snow Manoj.A v. The Principal Secretary To Government
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 11.03.2024
CORAM:
THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR and THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR and W.M.P.(MD) Nos.15324, 15326 & 23136 of 2023 A.Michael Snow Manoj ... Petitioner -vs1.The Principal Secretary to Government Housing and Urban Development Department Secretariat, Chennai-600 009 2.The Director Directorate of Town and Country Planning No.2nd, 3rd & 4th Floor C & E Market Road Koyambedu, Chennai-600 107 3.The Joint Director of Town and Country Planning Tirunelveli Region South Bye Pass Road Xavior Colony Melapalayam Post Tirunelveli District
4.The Additional Director (Operation) Tamil Nadu Real Estate Regulatory Authority No.1A, 1st Floor, Gandhi Irwin Bridge Road Egmore, Chennai-600 008 5.The District Collector Tirunelveli District Tirunelveli 6.The Tahsildar Radhapuram Taluk Radhapuram Tirunelveli District 7.The Block Development Officer Village Panchayat Radhapuram Union Radhapuram, Tirunelveli District 8.The President Terkukallikulam Village Panchayat Terkukallikulam Radhapuram Taluk Tirunelveli District 9.The Sub Registrar Valliyoor Sub Registrar Office Valliyoor, Tirunelveli District 10.Gana Padmarani 11.H.Leonard Ganaravindran 12.H.Arokia Akhiladas 13.Karunanidhi ... 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 grant layout approval for any residential layout comprised in S.Nos.1/1B, 1/2, 4/1, 4/2B, 5/2, 5/3, 5/5B, 5/6, 6/2, 6/3, 6/5B and 6/6A2, situated at Terkukallikulam Village, Radhapuram Taluk, Tirunelveli District, only after fulfilling the legal requirements under Rule 47(1)(a) of the Tamil Nadu Combined Development and Building Rules and Sections 11 and 12 of the Real Estate (Regulation and Development) Act, 2016 and forbearing the fourth respondent from granting technical approval to regularize any layout approval formed by the respondents 10 to 13 in lands in S.Nos.1/1B, 1/2, 4/1, 4/2B, 5/2, 5/3, 5/5B, 5/6, 6/2, 6/3, 6/5B and 6/6A2, situated at Terkukallikulam Village, Radhapuram Taluk, Tirunelveli District.
For Petitioner :
Mr.G.Aravinthan For Respondents :
Mr.P.Thilakkumar Government Pleader for R1 to R9 Mr.R.T.Arivukumar for R10 to R13
O R D E R
[Order of the Court was made by D.KRISHNAKUMAR, J.] Prayer in this writ petition is to direct the respondents 1 to 4 to grant layout approval for any residential layout comprised in Survey Nos. 1/1B, 1/2, 4/1, 4/2B, 5/2, 5/3, 5/5B, 5/6, 6/2, 6/3, 6/5B and 6/6A2 of Terkukallikulam Village, Radhapuram Taluk, Tirunelveli District, only after fulfilling the legal requirements under Rule 47(1)(a) of the Tamil Nadu Combined Development and Building Rules and Sections 11 and 12 of the Real Estate (Regulation and Development) Act, 2016 and forbearing the fourth respondent from granting technical approval to regularize any layout formed by the respondents 10 to 13 in lands comprised in the above survey numbers.
2. Today, when the matter was taken up for hearing, learned Government Pleader appearing for the respondents 1 to 9, on instructions, submits that the authority concerned has considered the objections submitted by the petitioner, rejected the same and granted approval in favour of the respondents 10 to 13.
3. In view of the above submission of the learned Government Pleader, the relief as such sought for by the petitioner cannot be granted and the writ petition is, therefore, dismissed. However, if the petitioner is still aggrieved, it is open to him to approach the authority concerned and redress his grievance in accordance with law. No costs. Consequently, connected miscellaneous petitions are closed.
[D.K.K., J.] [R.V., J.] 11.03.2024 NCC :
Yes / No Index :
Yes / No Internet :
Yes / No krk To:
1.The Principal Secretary to Government, Housing and Urban Development Department, Secretariat, Chennai-600 009.
2.The Director, Directorate of Town and Country Planning, No.2nd, 3rd & 4th Floor, C & E Market Road, Koyambedu, Chennai-600 107.
3.The Joint Director of Town and Country Planning, Tirunelveli Region, South Bye Pass Road, Xavior Colony, Melapalayam Post, Tirunelveli District.
4.The Additional Director (Operation), Tamil Nadu Real Estate Regulatory Authority, No.1A, 1st Floor, Gandhi Irwin Bridge Road, Egmore, Chennai-600 008.
5.The District Collector, Tirunelveli District, Tirunelveli.
6.The Tahsildar, Radhapuram Taluk, Radhapuram, Tirunelveli District.
7.The Block Development Officer, Village Panchayat, Radhapuram Union, Radhapuram, Tirunelveli District.
8.The President, Terkukallikulam Village Panchayat, Terkukallikulam, Radhapuram Taluk, Tirunelveli District.
9.The Sub Registrar, Valliyoor Sub Registrar Office, Valliyoor, Tirunelveli District.
D.KRISHNAKUMAR , J.
and R.VIJAYAKUMAR, J.
krk and W.M.P.(MD) Nos.15324, 15326 & 23136 of 2023 11.03.2024