Ponnaiyah Ramajayam v. The Director Of Town &

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 25.07.2023

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and M.P.(MD)Nos.1 to 4 of 2015 Ponnaiyah Ramajayam Institute of Science and Technology Trust Rep. by its Managing Trustee, Prof P.Murugesan PRIST University Campus, Vallam, Thanjavur District.

... Petitioner Vs.

1.The Director of Town & Country, Chennai.

2.The Member Secretary, Thanjavur Regional Planning Authority, Rajappa Nagar, Thanjavur.

3.The President, Soorakkottai Village Panchayat, Thanjavur District.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, to call for the records relating to the impugned order passed by the 2nd respondent in and by its proceedings in Na.Ka.No.930/2012 Tha.Vu.Thi.Ku dated 25.06.2015 and quash 1/4

the same and consequently direct the respondents to remove the lock and seal of the petitioners premises.

For Petitioner : Mr.K.K.Mahesh Raja For Respondents : Mrs.K.Christy Theboral Additional Government Pleader for R1 : Mr.G.Muthukannan for R2 : Mr.S.Kumar for R3

ORDER

Heard the learned counsel on either side.

2. The second respondent passed an order dated 25.06.2015 for locking and sealing the petition mentioned premises. The ground on which the order was passed was that the petitioner did not obtain permission from the second respondent. Instead, they had chosen to put up a construction after getting approval from the local body. Following the grant of interim order by this Court, lock and seal was removed.

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3. Today when the matter was taken up for hearing, Thiru.Karthick Krishna, Assistant Director, Thanjavur Reginoal Planning Authority, who is now in-charge member secretary submitted that if the petitioner approaches the second respondent with proper application for regularization, the second respondent will forward the same to the firs respondent. If possible, the second respondent also will pass final order on merits and in accordance with law. Since the petitioner has enjoyed the interim order from this Court for the last eight years, I permit the petitioner to submit proper application for approval / regularization as the case may be before the second respondent. Status quo obtaining as on date will continue for the next eight weeks.

If the petitioner fails to submit an application within three weeks from the date of receipt of a copy of this order, the benefit of this order will get vacated automatically. It is open to the second respondent to enforce the impugned proceedings. The impugned proceedings will abide by the outcome of the order to be passed by the authorities / R1 & R2 as the case may be on the application for approval to be submitted by the petitioner.

G.R.SWAMINATHAN, J.

rmi

4. The Writ Petition is disposed of accordingly. No costs. Consequently, connected miscellaneous petitions are closed. 25.07.2023 NCC : Yes/No Index : Yes / No Internet : Yes/ No rmi To The Director of Town & Country, Chennai.

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