Madras High CourtWP(MD)/20742/2019disposed of

Mathinesan v. The Director Of Town And Country Planning

2019-11-27Honourable Mr Justice M. Govindaraj2 pages

W.P.(MD)No.20742 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 27.11.2019

CORAM:

THE HONOURABLE MR.JUSTICE M.GOVINDARAJ W.P.(MD)No.20742 of 2019 Mathinesan : Petitioner Vs.

1.The Director of Town and Country Planning, O/o.Director of Town and Country Planning, No.807, Anna Salai, Chennai-600 002.

2.The Deputy Director of Town and Country Planning, O/o. Deputy Director of Town and Country Planning, Tirunelveli Region, Xavier Complex, South Byepass Road, Tirunelveli-627 005.

3.The Commissioner, Puliangudi Municipality, No.9, Subramaniswamy Kovil, South Sannathi Street, Puliangudi-627 855, Tirunelveli District.

4.T.Shanmugasundaram : Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the third respondent to give opportunity to the petitioner before passing order by regularizing the plots and layout approval with regard to S.Nos.566/2, 566/3 and 566/9 in Puliangudi Village, Kadayanallur Taluk, Tirunelveli District, in the light of the petitioner's representation dated 16.07.2019. For Petitioner : Mr.K.Vinayagan For Respondents 1to3 : Mr.M.Rajarajan, Government Advocate For Respondent No.4 : Mr.V.Elanchezian, For Mr.M.Saravanakumar

ORDER

The petitioner claims that he is the owner of the property situated in Survey Nos.564/3C1, 564/3C2, 564/4, 564/5, 564/6A, 564/7A, 564/7B and 566. The said land has been enjoyed by him and Hindu Nadar Uravinmurai Committee. While the matter stood thus, the fourth respondent has obtained layout approval from the second respondent in his proceedings in e.f.vz;.7239/2018 jpypk 3, dated 11.01.2019. He also filed a Writ Petition in W.P.(MD)No.12014 of 2019 for regularizing the approval given in the above proceedings. This Court, by its order dated 15.05.2019, directed the third https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD)No.20742 of 2019 respondent to consider the representation of the petitioner on merits and in accordance with law. Now, the petitioner has approached this Court with the above Writ Petition for an opportunity of personal hearing before passing orders, as directed by this Court in W.P.(MD)No.12014 of 2019.

2. Heard the submissions made on either side.

3. Considering the facts and circumstances, a direction is given to the third respondent to afford an opportunity of personal hearing to both the petitioner as well as the fourth respondent before taking a decision with regard to regularizing the layout approval.

4. The Writ Petition is disposed of with the above direction. No costs.

Sd/- Assistant Registrar(CS-I) // True Copy // Sub Assistant Registrar(CS) SML To 1.The Director of Town and Country Planning, O/o.Director of Town and Country Planning, No.807, Anna Salai, Chennai-600 002.

2.The Deputy Director of Town and Country Planning, O/o. Deputy Director of Town and Country Planning, Tirunelveli Region, Xavier Complex, South Byepass Road, Tirunelveli-627 005.

3.The Commissioner, Puliangudi Municipality, No.9, Subramaniswamy Kovil, South Sannathi Street, Puliangudi-627 855, Tirunelveli District.

+1 CC to M/s.M. SARAVANA KUMAR, Advocate ( SR-101746[F] +1 CC to M/s.K.VINAYAGAN, Advocate ( SR-102085[F] +1 CC to M/s.M. RAJARAJAN, Advocate ( SR-102152[F] +1 CC to M/s.SPL GP ( SR-102379[F] dated 28/11/2019 ) Order made in W.P.(MD)No.20742 of 2019 Dated: 27.11.2019 MA(CO) TR(12.12.2019) 2P 8C https://hcservices.ecourts.gov.in/hcservices/ 2/2