Madras High CourtWP(MD)/28342/2022dismissed as infructuous

Subramanian.S v. The State Of Tamil Nadu

2023-01-04Honourable Mr Justice D. Krishnakumar,Honourable Mr Justice R.Vijayakumar5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:04.01.2023

CORAM:

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR AND THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR W.P(MD)NO.28342 OF 2022 and W.M.P(MD)No.22391 of 2022 S.Subramanian :Petitioner .vs.

1.The State of Tamil Nadu, represented by its Secretary, Department of Housing and Urban Development, Fort St.George, Chennai.

2.The Director of Town and Country Planning, Office of the Director of Town and Country Planning, No.801, Anna Salai, Chennai.

3.The Joint Director of Town Planning, Trichy District Town and Country Planning Office, Khajamalai Main Road, Khajamalai, Trichy - 620 023.

4.The Trichy Local Planning Authority, represented by its Member Secretary, No.10, Williams Road, Cantonment, Trichy.

5.The Tricy City Municipal Corporation, 1/5

represented by its Commissioner, K.Abishekapuram Division, Trichy District.

: Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus directing the respondents 1 to 5 to dispose of the Retention Application and the Revised Plan preferred by the Petitioner under Section 56(3) of the Town and Country Planning Act, 1971, dated 26.11.2022 pertaining to the Petitioner's property in S.No.80, New Ward No.B(G), New Block No.21, Puthur Village, K.Abishekapuram zone, Trichy District in an extent of Ground Floor 5160 sq.ft + First Floor 5160 sq.ft within the time frame stipulated by this Court. For Petitioner :Mr.T.Lajapathi Roy For Respondents :Mr.K.Balasubramani 1 to 3 Special Govt.Pleader For Respondents :Mr.R.Baskaran 4 and 5 Standing Counsel

O R D E R

********* (Order of the Court was made by D.KRISHNAKUMAR,J) When the matter is taken up for hearing today, the learned Special Government Pleader appearing for the respondents 1 to 3 as well as the learned Standing Counsel appearing for the respondents 4 and 5 would submit that the prayer sought for in the Writ Petition has become infructuous for the reason that the Joint 2/5

Director of Town and Country Planning, Khajamalai, Trichy, the third respondent herein had rejected the Retention application of the Petitioner.

2.Recording the aforesaid statement, the Writ Petition is dismissed as infructuous. No costs. Consequently, connected Miscellaneous Petition is closed.

[D.K.K.,J.] [R.V.,J.] 04.01.2023 Index:Yes/No Internet:Yes/No NCC:Yes/No vsn To 1.The Secretary, Government of Tamil Nadu, Department of Housing and Urban Development, Fort St.George, Chennai.

2.The Director of Town and Country Planning, Office of the Director of Town and Country Planning, No.801, Anna Salai, Chennai.

3.The Joint Director of Town Planning, Trichy District Town and Country Planning Office, Khajamalai Main Road, Khajamalai, 3/5

Trichy - 620 023.

4.The Member Secretary, Trichy Local Planning Authority, No.10, Williams Road, Cantonment, Trichy.

5.The Commissioner, Tricy City Municipal Corporation, K.Abishekapuram Division, Trichy District.

4/5

D.KRISHNAKUMAR, J.

AND R.VIJAYAKUMAR,J.

vsn 0RDER MADE IN W.P(MD)NO.28342 OF 2022 and W.M.P(MD)No.22391 of 2022 04.01.2023 5/5