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Madras High CourtWP(MD)/24971/2022disposed of

Murugan. S v. The Director

2022-11-15Honourable Mr Justice R. Mahadevan,Honourable Mr Justice J.Sathya Narayana Prasad5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 15.11.2022

CORAM:

THE HONOURABLE MR.JUSTICE R.MAHADEVAN and THE HONOURABLE MR.JUSTICE J.SATHYA NARAYANA PRASAD W.P.(MD) No.24971 of 2022 and WMP(MD) Nos.19084 and 19085 of 2022 S.Murugan ... Petitioner -vs1. The Director, Town and Country Planning Office, E and C Market Road, Koyambedu, Chennai- 600 107.

2. The Joint Director, District Town and Country Planning Office, Tirunelveli, Tirunelveli District.

3. The District Collector, Tirunelveli District, Tirunelveli.

4. The Thasildar, Radhapuram Taluk, Tirunelveli District.

5. The Sub Registrar, Panagudi Sub Registrar Office, Panagudi, Tirunelveli District.

6. Arul Jegan ... Respondents

PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of Mandamus, directing the respondents 1 and 2 not to approve the proposed house site layout of the sixth respondent in respect of the properties in Survey Nos.806/2, 3,4,5,6,7,8 and Survey Nos. 807/1,2,3, and 4 in Levinjipuram Village, Tirunelveli District, without disposing the petitioner's objection dated 27.07.2022, in accordance with law.

For Petitioner :

Mr.S.Saravanakumar For Respondents :

Mr.P.Thilak Kumar Govt.Pleader for R1 to R5 Mr.T.Lajapathi Roy for R6

O R D E R

(Order of the Court was made by R.MAHADEVAN, J.) This Writ Petition has been filed for issuance of a Writ of Mandamus, directing the respondents 1 and 2 not to approve the proposed house site layout of the sixth respondent in respect of the properties in Survey Nos.806/2, 3,4,5,6,7,8 and Survey Nos. 807/1,2,3, and 4 in Levinjipuram Village, Tirunelveli District, without disposing the petitioner's objection dated 27.07.2022, in accordance with law.

2. Today, when the matter was taken up for hearing, the learned Government Pleader appearing for the respondents 1 to 5, produced the

proceedings of the second respondent - the Joint Director, District Town and Country Planning Office, Tirunelveli, in ROC.No.XNGEHTKQ dated 07.11.2022 and submitted that the technical clearance has been issued for further action in respect of the residential layout in question by the Town and Country Planning Department (Planning Permission), Tirunelveli and hence, nothing survives for adjudication in this writ petition.

3. The aforesaid submission of the learned Government Pleader as well as the proceedings dated 07.11.2022 are not refuted by the learned counsel for the petitioner.

4. Recording the above submission and communication dated 07.11.2022, this Writ Petition is disposed of leaving it open to the petitioner to approach the authorities concerned, to redress his grievance, if any. No costs. Consequently, connected miscellaneous petition is closed.

[R.M.D., J.] [J.S.N.P., J.] 15.11.2022 Index : Yes / No Internet : Yes / No pkn

To

1. The Director, Town and Country Planning Office, E and C Market Road, Koyambedu, Chennai- 600 107.

2. The Joint Director, District Town and Country Planning Office, Tirunelveli, Tirunelveli District.

3. The District Collector, Tirunelveli District, Tirunelveli.

4. The Thasildar, Radhapuram Taluk, Tirunelveli District.

5. The Sub Registrar, Panagudi Sub Registrar Office, Panagudi, Tirunelveli District.

R.MAHADEVAN , J.

and J.SATHYA NARAYANA PRASAD , J.

pkn W.P.(MD) No.24971 of 2022 15.11.2022