Madras High CourtWP(MD)/23762/2024disposed of

Gnanabaskar v. The Director

2024-10-04Honourable Mr Justice N. Sathish Kumar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 04.10.2024

CORAM:

THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR Gnanabaskar ... Petitioner Vs.

1.The Director, Directorate of Town and Country Planning (DTCP), CMDA Office Complex, E & C, Market Road, Srinivasa Nagar, Virrugambakkam, Koyambedu, Chennai - 600 107.

2.The Deputy Director, O/o. Deputy Director of District Town and Country Planning Office, Opp. RTO Office, Kattuputhukulam, Pudukottai.

.... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Mandamus, directing the 2nd respondent to approve the layout formed in the name of Vedhathiri Nagar, Kalappakkadu Village, Aranthangi Taluk, Pudukottai District comprised in Survey No.32/1 and 44/1 by considering the petitioner's application dated 03.11.2018 and the subsequent reminder dated 13.08.2024.

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For Petitioner : Mr.T.Leninkumar For Respondents : Mr.A.Kannan, Addl. Govt. Pleader

O R D E R

This Writ Petition has been filed seeking for issuance of a Writ of Mandamus, directing the 2nd respondent to approve the layout formed in the name of Vedhathiri Nagar, Kalappakkadu Village, Aranthangi Taluk, Pudukottai District comprised in Survey No.32/1 and 44/1 by considering the petitioner's application dated 03.11.2018 and the subsequent reminder dated 13.08.2024.

2. It is the case of the writ petitioner that he and his siblings formed a layout, consisting of 134 plots, in the year 2006. The petitioner sold 44 plots out of 134 plots. Thereafter, since the State Government introduced Tamil Nadu Regularization Unapproved Layouts and Plots Rules, 2017, mandating the promoters to get approval for unapproved layout and unapproved plots, the petitioner made an application on 03.11.2018, seeking to approve the layout. Thereafter, the petitioner has also sent a reminder on 13.08.2024. Since the same was not considered by the respondents till date, the petitioner has filed this Writ Petition.

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3. The learned Additional Government Pleader, on instructions, would submit that, if the petitioner makes an application through online, by paying necessary fees, the same will be considered by the respondents as per the rules.

4. In view of the said submissions, this Court directs the petitioner to make necessary application before the 2nd respondent through on-line, as per the rules, within a period of one week from the date of receipt of a copy of this order. On receipt of such application, the 2nd respondent shall consider the same on merits and pass orders in accordance with law, within a period of one month from the date of receipt of such application.

5. With the above direction, this Writ Petition is disposed of. There shall be no order as to costs.

04.10.2024 NCC : Yes/No Index : Yes/No vsm 3/4

N.SATHISH KUMAR , J.

vsm To 1.The Director, Directorate of Town and Country Planning (DTCP), CMDA Office Complex, E & C, Market Road, Srinivasa Nagar, Virrugambakkam, Koyambedu, Chennai - 600 107.

2.The Deputy Director, O/o. Deputy Director of District Town and Country Planning Office, Opp. RTO Office, Kattuputhukulam, Pudukottai.

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