Raja.A v. The Deputy Director

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.11.2023

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN A.Raja ... Petitioner Vs.

The Deputy Director, District Town and Country Planning Office, Theni District, Theni.

... Respondent Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, to direct the respondent to issue approval for the property in S. No.3004/8 to an extent 0.4.75 hectare i.e., 11 3/4 cents land and S. No.3059/2B2 to an extent 0.2.21 hectare i.e., 5 1/4 cents land bearing joint Patta No.5255 situated at Kombai (East) Village, Uthamapalayam Taluk, Theni District based on the representation dated 06.11.2023 by this Court.

For Petitioner : Mr.S.Balaji For Respondent : Mr.V.Nirmal Kumar Government Advocate

ORDER

The petitioner had purchased the petition mentioned land. As of now, the character of the land is agricultural. The petitioner wants the same to be reclassified.

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2. But then, it is only the District Collector who can pass an order for reclassification. Only thereafter, the role of the Town and Country Planning Department will come. The petitioner is permitted to submit an application for reclassification of the agricultural land. As and when it is submitted, the competent authority will dispose of on merits and in accordance with law within a period of eight weeks after such submission. Thereafter, the petitioner can approach the respondent. The respondent will pass an appropriate order on merits and in accordance with law within a period of eight weeks thereafter. I make it clear that I have not gone into the merits of the matter.

3. The Writ Petition is disposed of accordingly. No costs. 28.11.2023 Index : Yes / No Internet : Yes/ No rmi To The Deputy Director, District Town and Country Planning Office, Theni District, Theni.

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G.R.SWAMINATHAN, J.

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