Sri Krishna Education v. The Commissioner / Director
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22.08.2023
CORAM
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and M.P.(MD)Nos.1, 2 and 3 of 2015 Sri Krishna Education Trust, Rep. by its Managing Trustee, K.Balaraman, Kullapuram Village, Periyakulam Taluk, Theni District.
... Petitioner Vs.
1.The Commissioner / Director, Directorate of Town and Country Planning, 807, Anna Salai, Chennai - 600 002.
2.The Deputy Director, Office of the Deputy Director of Town and Country Planning, 4, Hakkim Ajmal Khan Road, Chinna Chokkikulam, Madurai - 625 002.
3.The President, Kullapuram Panchayat, Kullapuram, Periyakulam Taluk, Theni District.
... Respondents 1/4
Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, calling for the records pertaining to the Impugned Notification dated 15.12.2014 made in Na.Ka.No.2495/2014 Ma Ma 4 issued by the second respondent and quash the same and further direct the first respondent to process and sanction building plan permission in favour of the petitioner on the basis of the recommendation made by the second respondent made in Na.Ka.No.638/2012 Ma Ma 4 dated 20.03.2012 on the application of the petitioner dated 28.02.2012 within the time stipulated by this Court. For Petitioner : Mr.D.Sadiq Raja For Respondents : Mr.D.Gandhiraj, Spl. Government Pleader for R1 & R2.
No appearance for R3.
ORDER
Heard the learned counsel on either side.
2.Challenging the notice issued under Sections 56 and 57 of the Tamilnadu Town and Country Planning Act, 1971, the present writ petition came to be filed.
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3.When the matter was taken up for final hearing, the learned counsel submits that during the pendency of this writ petition, the application was resubmitted and that it is presently pending on the file of the first respondent. It is for the first respondent to process the said application and pass final order on merits and in accordance with law. 4.Granting liberty to the petitioner to pursue the matter before the first respondent, this writ petition is disposed of. No costs. Consequently, connected miscellaneous petitions are closed. 22.08.2023 NCC : Yes/No Index : Yes / No Internet : Yes/ No ias To:- 1.The Commissioner / Director, Directorate of Town and Country Planning, 807, Anna Salai, Chennai - 600 002.
2.The Deputy Director, Office of the Deputy Director of Town and Country Planning, 4, Hakkim Ajmal Khan Road, Chinna Chokkikulam, Madurai - 625 002.
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G.R.SWAMINATHAN, J.
ias 22.08.2023 4/4