Madras High CourtWP(MD)/21678/2023closed

A.John v. The Director Of Town And Country Planning

2023-10-04Honourable Mr Justice M. Sundar,Honourable Mr.Justice R.Sakthivel8 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04.10.2023 Coram THE HON'BLE MR.JUSTICE M.SUNDAR and THE HON'BLE MR. JUSTICE R.SAKTHIVEL and W.M.P(MD)No.18071 of 2023 A.John .. Petitioner vs 1 The Director of Town and Country Planning, Opposite LIC, Chegalvarayan Building, Fourth Floor, Anna Salai, Chennai 600 002.

2 The Deputy Director of Town and Country Planning, Trichy Region, Kajamalai Main Road, Kajamalai, Tiruchirapalli 620 023.

3 The Member Secretary Trichy Local Planning Authority, Kajamalai Main Road, Kajamalai, Tiruchirapalli 620 023.

4 The Block Development Officer, Thiruverumbur, Tiruchirapalli 620 010.

5 The President, Panaykurichi Panchyat, Thiruverumbur Taluk, Tiruchirappalli 620 013.

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6 The Sub Registrar, Joint III Sub Registrars Office, Tiruchirapalli 620 002.

7 P.Senthil Arasu 8 R.Palanisamy 9 P.Valarmathi .. Respondents Prayer:- Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a writ of Prohibition, forbear the respondents 1 to 5 from granting permission for development or layout in the land in S.No. 68B/3B of Panayakurichi Village, Thiruverumbur Taluk, Tiruchirappalli District, by showing access through 3 metre wide Madha Koil Street, Sarkarpalayam, Thiruverumbur Taluk, Trichirappalli. For Petitioner :

Mr.K.S.Vamsidhar For RR 1 to 6 :

Mr.P.Thilak Kumar Government Pleader For RR 7 to 9 :

Mr.S.C.Herold Singh 2/8

ORDER

[Order of the Court was made by M.SUNDAR, J.] This order will now dispose of captioned writ petition which has been filed as a 'Public Interest Litigation' (hereinafter 'PIL' for the sake of brevity) and the captioned 'Writ Miscellaneous Petition' (hereinafter 'WMP' for the sake of brevity) thereat.

2.Mr.K.S.Vamsidhar, learned counsel for PIL petitioner and Mr.P.Thilak Kumar, learned Government Pleader for official respondents (respondents 1 to 6) and Mr.S.C.Herold Singh, learned counsel for private respondents (respondents 7 to 9) are before us. 3.Prayer in the captioned PIL petition is to forbear the official respondents 1 to 5 from granting permission for development or lay out in 'land comprised in Survey No.68B/3B of Panayakurichi Village, Thiruverumbur Taluk, Tiruchirappalli District' (hereinafter 'said land' for the sake of brevity) by showing access through a 'three meter wide street described as Matha Kovil Street at Sarkarpalayam, Thiruverumbur Taluk, Trichirappalli' (hereinafter 'said street' for the sake of convenience and clarity).

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4.When the captioned PIL petition was listed in the Admission Board on 05.09.2023 another Coordinate Division Bench had issued notice. 5.Today, learned Government Pleader, on instructions (written instructions) submits that the second respondent has not received any application for development or sanction of lay out in said land. Learned Government Pleader very fairly made a further submission that in future also if there is any application, the issue that has been raised by the PIL petitioner ie., sanctioning layout/permitting development showing access through said street, will also be taken into account while processing any application. In this regard, learned Government Pleader has placed before us a written communication dated 07.09.2023 from the second respondent and a scanned reproduction of the same is as follows:

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6.The narrative thus far makes it clear that the issue raised by PIL petitioner has been put to rest owing to the stated position of the second respondent.

7.Before dropping the curtains qua captioned PIL, we make it clear that if any other person or entity has any rights pertaining to said land or said street, the same will stand preserved and this order will not impede any proceedings for enforcement of such rights of third parties, if any. 8.Recording the stated position of the parties, we drop the curtains on the captioned PIL petition. Captioned PIL petition is disposed of as closed. Consequently, captioned WMP is also disposed of as closed. There shall be no order as to costs.

(M.S.,J.) (R.S.V.,J.) 04.10.2023 Index : Yes/No ps 6/8

To 1 The Director of Town and Country Planning, Opposite LIC, Chegalvarayan Building, Fourth Floor, Anna Salai, Chennai 600 002.