M. Ramaraj v. The Deputy Director Of Town And Country Planning

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Special Original Jurisdiction ) Thursday, the Fifth day of December Two Thousand and Twenty Four PRESENT The HONOURABLE MRS. JUSTICE L. VICTORIA GOWRI IN WP(MD) No.28412 of 2024 M. RAMARAJ ... PETITIONER/PETITIONER Vs 1 THE DEPUTY DIRECTOR OF TOWN AND COUNTRY PLANNING, OFFICE OF THE DEPUTY DIRECTOR OF TOWN AND COUNTRY PLANNING, DINDIGUL.

2 THE DISTRICT COLLECTOR DINDIGUL, DINDIGUL DISTRICT.

3 THE ASSISTANT DIRECTOR (PANCHAYATS), DINDIGUL, DINDIGUL DISTRICT.

4 THE BLOCK DEVELOPMENT OFFICER DINDIGUL UNION OFFICE, DINDIGUL DISTRICT.

5 SEELAPADI VILLAGE PANCHAYAT REPRESENTED BY ITS PRESIDENT, SEELAPADI, DINDIGUL DISTRICT.

1/4

6 SUDHAKAR 7 MEENAKSHI ... RESPONDENTS/RESPONDENTS Writ Miscellaneous Petition filed praying that in the circumstances stated therein and in the affidavit filed therewith the High Court may be pleased to grant an Ad-Interim Direction directing the 5th and 6th respondents to approve petitioners application in No.QMHV3EX3 pending disposal of the above writ petition.

Prayer in WP(MD). 28412/ 2024 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus to call for the records pertaining to the impugned order passed by the 5th respondent vide impugned proceedings Nil dated 20.11.2024 and the consequential impugned order passed by the 6th respondent vide impugned proceedings Nil dated 20.11.2024 and to quash the same as illegal and consequently directing the 5th and 6th Respondents to approve petitioner application in No.QMHV3EX3 as forwarded by the 1st respondent vide his proceedings in ROC No.QMHV3EX3/2024/TCP dated 21.06.

2024 within the period that may be stipulated by this Honourable Court ORDER : This Writ Miscellaneous petition coming up for orders on this day, upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of Mr.AJMAL KHAN, Senior counsel for M/S. AJMAL ASSOCIATES, Advocate for the petitioner and of Mr.T.AMJAD KHAN, Government Advocate on behalf of the Respondents 1 TO 3 and Mr.A.KANNAN, Additional Government Pleader for the respondents 4 & 5 and Mr.T.ANTONY ARULRAJ, Advocate for the respondents 6 & 7, the Court made the following order:- The Writ Miscellaneous Petition is filed seeking to grant an ad-interim direction directing the respondents 5 and 6 to approve petitioner's application in No.QMHV3EX3 pending disposal of the above writ petition.

2. Heard the learned counsel on both sides and carefully perused the entire 2/4

materials available on record.

3. There shall be an order of interim direction directing the fifth respondent Panchayat to forthwith forward the report as to the total number of palm trees which are hindering the approval of the proposed layout of the petitioner, to the second respondent within a period of two days from today and also furnish the copy of the same to the petitioner. The petitioner is directed to make an application to the second respondent seeking permission for the removal of the above said palm trees within a period of two days from today and the second respondent, on receipt of the petitioner's application, shall dispose of the same within a period of ten days, i.e., on or before 18.12.2024.

4. Post the matter on 08.01.2025.

sd/- 05/12/2024 / TRUE COPY / 05/12/2024 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

CSM TO 1 THE DEPUTY DIRECTOR OF TOWN AND COUNTRY PLANNING, OFFICE OF THE DEPUTY DIRECTOR OF TOWN AND COUNTRY PLANNING, DINDIGUL.

3/4

2 THE DISTRICT COLLECTOR DINDIGUL, DINDIGUL DISTRICT.

3 THE ASSISTANT DIRECTOR (PANCHAYATS), DINDIGUL, DINDIGUL DISTRICT.

4 THE BLOCK DEVELOPMENT OFFICER DINDIGUL UNION OFFICE, DINDIGUL DISTRICT.

5 THE PRESIDENT, SEELAPADI VILLAGE PANCHAYAT SEELAPADI, DINDIGUL DISTRICT.

ORDER

IN IN WP(MD) No.28412 of 2024 Date :05/12/2024 SS/SAR- /05/12/2024/ 4P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4