Chidambaram. C v. The Tahsildar

1 W.P.(MD)NO.27182 OF 2023 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.11.2023

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN AND THE HON'BLE MR.JUSTICE B.PUGALENDHI W.P.(MD)No.27182 of 2023 AND W.M.P.(MD)Nos.23352 & 23354 of 2023 C.Chidambaram ... Petitioner Vs.

1. The Tahsildar, Thiruppathur, Sivagangai District.

2. The Deputy Director, Town and Country Planning, Collectorate Complex, Sivagangai District.

3. The President, Kundrakudi Village Panchayat, Sivagangai District.

4. The Chettinad Temple City, Rep. by its Managing Partner, Karaikudi Madurai Highways Road, Kundrakudi, Sivagangai District.

... Respondents Prayer: Writ petition is filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, to call for the records of the impugned layout 1/4

2 W.P.(MD)NO.27182 OF 2023 approval approved by the second respondent in ROC No. 0AOQO7Y5/2022/DTCP dated 11.03.2023 and subsequent final approval granted by the third respondent in Na.Ka.A.Ku.Voo-2/2023-24 dated 11.08.2023 in favour of the fourth respondent and quash the same and consequently directing the respondents Nos.1 to 3 to protect the waterbodies situated in Survey Nos.192 and 411 of Kundrakudi Village.

For Petitioner : Mr.RM.Arun Swaminathan For R-1 to R-3 : Mr.K.Balasubramani, Special Government Pleader.

* * *

O R D E R

Heard the learned counsel appearing for the writ petitioner and the learned Special Government Pleader appearing for respondents 1 to 3.

2. The petitioner challenges the grant of layout approval by respondents 2 and 3 in favour of the fourth respondent.

3. The petitioner can very well file an appeal before the Director of Town and Country Planning. The petitioner is granted three weeks time from today to file such an appeal. As and when such an appeal is filed, the same will be disposed of 2/4

3 W.P.(MD)NO.27182 OF 2023 on merits and in accordance with law by the Director of Town and Country Planning. We make it clear that we have not gone into the merits of the matter. This writ petition stands disposed of accordingly. No costs. Consequently, connected miscellaneous petitions are closed.

(G.R.SWAMINATHAN, J.) & (B.PUGALENDHI, J.) 21st November 2023 NCC : Yes / No Index : Yes / No Internet : Yes / No PMU Note: Issue order copy on 24.11.2023.

To:

1. The Tahsildar, Thiruppathur, Sivagangai District.

2. The Deputy Director, Town and Country Planning, Collectorate Complex, Sivagangai District.

3/4

4 W.P.(MD)NO.27182 OF 2023 G.R.SWAMINATHAN, J.

AND B.PUGALENDHI, J.

PMU W.P.(MD)No.27182 of 2023 21.11.2023 4/4