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Madras High CourtWP(MD)/22022/2019disposed of

P.S.Natarajan v. The Commissioner

2019-10-23Honourable Mr Justice M. Govindaraj2 pages

W.P(MD)No.22022 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.10.2019

CORAM:

THE HONOURABLE MR.JUSTICE M.GOVINDARAJ W.P(MD)No.22022 of 2019 P.S.Natarajan ... Petitioner Vs.

The Commissioner, Usilampatti Municipality, Usilampatti, Madurai District.

... Respondent PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of mandamus, to direct the respondent herein to consider the petitioner's representation dated 30.08.2019, requesting the respondent to grant building plan permission for two Godown's of the petitioner situated in R.S.No.162/2A3, 162/2A4, Ward No.23, Kanvandapatti Road, Usilampatti.

For Petitioner : Mr.PT.S.Narendravasan For Respondent : Mr.K.Mahendran

O R D E R

This Writ Petition has been filed seeking a direction to direct the respondent herein to consider the petitioner's representation dated 30.08.2019, requesting the respondent to grant building plan permission for two Godown's of the petitioner situated in R.S.No.162/2A3, 162/2A4, Ward No.23, Kanvandapatti Road, Usilampatti.

2.The petitioner is the owner of the rice mill in the name and style of 'Seenithevan Modern Rice Mill' at Ward No.23, Kanvandanpatti Road, Usilampatti. He wanted to put up two godowns within the premises of rice mill. For that, he submitted the plan for approval of the respondent.

3.According to the petitioner, the respondent has not taken any action for the past two years and he made a representation to take action on his plan for approval on 31.08.2019. Since there is no response, he approached this Court with this petition. https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P(MD)No.22022 of 2019 4.On instructions, the learned counsel for the respondent would submit that in proceedings Na.Ka.No.1692/2016/F1, dated 02.06.2017, the plan was returned to the petitioner directing the petitioner to rectify the defects and re-submit along with necessary documents. It appears that the said letter was even though dispatched from the office of the respondent, the same has not reached in time to the petitioner.

5.Considering the factual circumstances, a direction is given to the respondent to return the plan submitted by the petitioner within a period of two weeks from the date of receipt of a copy of this order along with defects pointed out by them and on receipt of the same, the petitioner shall re-submit the plan after rectifying the defects along with necessary documents to the respondent. Thereafter, on receipt of the such rectified plan along with necessary documents, the respondent shall take steps to process the application within a period of four weeks, therefrom. 6.The Writ Petition is disposed of accordingly. No costs. Sd/- Assistant Registrar (CO) // True Copy // Sub Assistant Registrar(CS) das To The Commissioner, Usilampatti Municipality, Usilampatti, Madurai District.

+1 CC to M/s.PT.S. NARENDRAVASAN, Advocate ( SR-93969[F] dated 23/10/2019 ) +1 CC to M/s.K.MAHENDRAN, Advocate ( SR-93986[F] dated 23/10/2019 ) W.P(MD)No.22022 of 2019 23.10.2019 KK/SAR/08.11.2019/2P-4C/ https://hcservices.ecourts.gov.in/hcservices/ 2/2