Madras High Court
Lingam Nagar Welfare Association vs The Commissioner Of Town And Country ... on 27 February, 2024
Author: G.Ilangovan
Bench: Sanjay V.Gangapurwala, G.Ilangovan
2024:MHC:1016
W.P(MD)No.7664 of 2018
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 27.02.2024
CORAM :
THE HONOURABLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE
and
THE HONOURABLE MR.JUSTICE G.ILANGOVAN
W.P.(MD)No.7664 of 2018
And
W.M.P(MD).Nos.7275, 7276 and 7277 of 2018
Lingam Nagar Welfare Association,
Represented, by its Secretary,
V.Thirugnanasambandam,
S/o.A.Vishwanathan,
Lingam Nagar Residents,
Kuzhumani Road,
Trichy-620 102. ... Petitioner
Vs.
1.The Commissioner of Town and Country Planning
Chennai-600 002.
2.The Member Secretary/ District Collector,
No.10-b, William's Road,
Cantonment,
Trichy-1.
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W.P(MD)No.7664 of 2018
3.The District Collector,
Office of the District Collector,
Trichy-1.
4.The Commissioner,
Trichirapalli City Corporation,
Promenade Road,
Cantonment,
Trichy-1.
5.Mr.Damodharan,
Founder,
The Gramalaya,
C62, B, 10th Cross Further West Extension,
Thillai nagar,
Trichy-18. ... Respondents
PRAYER: Petition filed under Article 226 of the Constitution of India,
to issue a Writ of Certiorarified Mandamus, calling for the records
relating to the impugned Government Gazette notification dated
05.04.2017 of the 1st respondent in the proceedings in Roc.No.
4389/2017/DP2 dated 20.03.2017 in respect of Pandamangalam
Village, Trichy City and quash the same and consequently forbearing
the respondents from altering the master plan.
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W.P(MD)No.7664 of 2018
For Petitioner : Mr.A.Muralikumar
For Respondents : Mr.N.Satheesh kumar-for R1 to R3
Additional Government Pleader
Mr.R.Baskaran -for R4
Senior Counsel
for RB Law Associates
ORDER
[Order of the Court was made by The Hon'ble CHIEF JUSTICE] We have heard Mr.A.Murali Kumar, learned Counsel appearing for the petitioner, Mr.N.Satheesh kumar, learned Additional Government Pleader appearing for respondents 1 to 3 and Mr.R.Baskaran, learned Senior Counsel appearing for the fourth respondent.
2.The writ petitioner assails the notification dated 05.04.2017.
The learned Counsel for the writ petition submits that under the said notification, the residential use and public purpose use is converted into industrial use [Faecal Sludge Treatment Plant - FSTP] in S.F.No. 158/4 of Pandamangalam Village. According to the learned Counsel, in a residential area, FSTP cannot be allowed to be operated.
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3.Learned Additional Government Pleader submits that the draft notification was issued, objections were invited, no objections were raised and thereafter, final notice has been issued for conversion of the residential and public use into industrial use [FSTP] of S.No.158/4 of Pandamangalam Village.
4.Proper procedure has been followed. It appears that the petitioner has also approached the National Greens Tribunal by filing O.A.No.159 of 2018.
5.No fault can be found in the procedure adopted. In case the petitioner has approached the National Greens Tribunal with regard to some environmental issue, it is for the National Greens Tribunal to decide. As far as the impugned notification is concerned, the procedure has been adhered to.
6.In the light of that, the Writ Petition is disposed of. No costs.
Consequently, connected miscellaneous petitions are closed.
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1.The Commissioner of Town and Country Planning Chennai-600 002.
2.The Member Secretary/ District Collector, No.10-b, William's Road, Cantonment, Trichy-1.
3.The District Collector, Office of the District Collector, Trichy-1.
4.The Commissioner, Trichirapalli City Corporation, Promenade Road, Cantonment, Trichy-1.
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MR W.P.(MD)No.7664 of 2018 27.02.2024 ____________ https://www.mhc.tn.gov.in/judis Page 7 of 7