Madras High Court
V.Srinivasan … vs The Secretary To Government on 7 December, 2020
Author: N. Anand Venkatesh
Bench: N. Anand Venkatesh
W.P.No.16561 of 2020 and WMP.No.20541 of 2020
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 07.12.2020
CORAM
THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH
W.P.No.16561 of 2020
and WMP.No.20541 of 2020
V.Srinivasan … Petitioners
Vs.
1. The Secretary to Government,
Housing and Urban Development Department,
Secretariat, Chennai-9.
2. The Commissioner of Town & Country Planning,
Chennai-600 002.
3. The Assistant Director of Town & Country Planning,
Perambalur. … Respondents
Prayer: Writ petition filed under Article 226 of the Constitution of India,
praying for the issuance of a Writ of Certiorarified Mandamus, calling for the
records in proceedings No.Na.Ka.No.480/2019PZ dated 16.07.2019 of the 3rd
respondent and quash the same. Consequently, direct the 3rd respondent to issue
revised proceedings calculating the correct rate of Rs.33/- per square metre for
4 unapproved plots in 'Seeman Nagar' lay out situated in survey No.31/3 of
Pennakonam (south) village, Kunnam Taluk, Perambalur District.
http://www.judis.nic.in
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W.P.No.16561 of 2020 and WMP.No.20541 of 2020
For Petitioner : Mr.V.Srinivasan
Party-in-person
For Respondents : Mr.S.N.Parthasarathy
Government Advocate
ORDER
On consent given by either side, the main writ petition itself is taken up for final hearing.
2. This Writ Petition has been filed by the petitioner who appeared party in person, challenging the impugned proceedings of the third respondent dated 16.07.2019. The grievance that has been expressed by the petitioner in this writ petition is that the petitioner submitted an application to the third respondent requesting for regularization and approval for four unapproved plots. According to the petitioner, the third respondent instead of calculating the charges at the rate of Rs.33/- per sq.ft., has calculated it wrongly at the rate of Rs.37.50/-.
3. When the matter came up for hearing on 23.11.2020, this Court passed the following order:-
''Mr.S.N.Parthasarathy, learned Government Advocate http://www.judis.nic.in 2 W.P.No.16561 of 2020 and WMP.No.20541 of 2020 takes notice for the respondents.
2. The learned Government Advocate submitted that the petitioner will be entitled for calculation of regularization charges at the rate of Rs.33/- per sq. mtr, only if the application has been received by the local body between 04th November 2018 upto 03rd May 2019.
3. The learned Government Advocate further submitted that the application made by the petitioner is dated 23.04.2019. But however there is no proof to show that this application was received within the time limit mentioned herein above.
4. The petitioner was not present at the time of hearing and the petitioner is directed to file the proof as to when the application was actually submitted before the third respondent. Post this case under the caption for admission on 07.12.2020.''
4. Today, when the matter is taken up for hearing, Mr.S.N.Parthasarathy, learned Government Advocate, on instructions, submitted that the application submitted by the petitioner was received on 23.04.2019, which is well within the period prescribed for the purpose of calculating the regularization charges at the rate of Rs.33/- per sq.ft.
5. In view of the specific stand taken by the respondents, the impugned http://www.judis.nic.in 3 W.P.No.16561 of 2020 and WMP.No.20541 of 2020 proceedings of the third respondent dated 16.10.2020, is hereby quashed. The matter is again remanded back to the file of the third respondent and the third respondent is directed to calculate the regularization charges in accordance with the relevant regulations and issue a fresh order within a period of two weeks from the date of receipt of a copy of this order. The petitioner is directed to make a fresh representation to the third respondent along with all the relevant documents and also a copy of this order.
6. This Writ Petition is allowed with the above directions. No costs. Consequently, connected miscellaneous petition is also closed.
07.12.2020 Internet;Yes/No Index:yes/No Speaking order/Non-speaking order rli To
1. The Secretary to Government, Housing and Urban Development Department, Secretariat, Chennai-9.
2. The Commissioner of Town & Country Planning, http://www.judis.nic.in 4 W.P.No.16561 of 2020 and WMP.No.20541 of 2020 Chennai-600 002.
3. The Assistant Director of Town & Country Planning, Perambalur.
http://www.judis.nic.in 5 W.P.No.16561 of 2020 and WMP.No.20541 of 2020 N. ANAND VENKATESH,J.
rli W.P.No.16561 of 2020 and WMP.No.20541 of 2020 07.12.2020 http://www.judis.nic.in 6