Madras High Court
N.Gothandabani vs The State Of Tamil Nadu on 13 July, 2017
Author: R.Mahadevan
Bench: R.Mahadevan
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.07.2017 CORAM THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P.(MD)No.21416 of 2014 and M.P(MD)Nos.1 to 3 of 2014 N.Gothandabani ... Petitioner Vs. 1.The State of Tamil Nadu, Rep. By the Secretary to Government, Housing and Urban Development Department, Fort St.George, Chennai. 2.The Director, Town and Country Planning, 807, Anna Salai, Chennai ? 600 002. 3.The Chairman / The District Collector, Town and Country Planning, Trichy. 4.The Assistant Director / Member Secretary, Navalpattu Pudhunagar Development Planning Committee, Condonment, Trichy ? 26. ... Respondents PRAYER:Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus calling for the records relating to the proceedings of the fourth respondent in File No.1602/2014 Ti.Ma.2 dated 10.12.2014 and quash the same and further directing the respondents not to convert the paddy fields in Sy.Nos.304/1A, 304/1B, 294/3, 294/4, 294/10 Navalpatti Village, Thiruvarambur Sub Registration District and Tiruchirappalli District into housing plots. !For Petitioner : Mr.T.Ramesh Raja For Respondents : Mr.J.Gunaseelan Muthiah, Government Advocate for R.1 & R.3 Mr.K.P.Krishnadoss, for R.2 & R.4 :ORDER
This Writ Petition has been filed to issue a writ of certiorarified mandamus to quash the impugned notification of the fourth respondent herein in nfhg;g[ vz;.1602/2014 jpk2 dated 10.12.2014, in Dhina Malar (Daily), and to forbear the respondents from converting the paddy fields in Sy.Nos.304/1A, 304/1B, 294/3, 294/4, 294/10 Navalpatti Village, Thiruvarambur Sub Registration District and Tiruchirappalli District into housing plots.
2. The case of the petitioner is as follows:
2.1. The petitioner has purchased some nanja lands in Sy.Nos.304/1A, 304/1B, 294/3, 294/4, 294/10 Navalpatti Village, Thiruvarambur Sub Registration District and Triuchirappalli District, to an extent of 6.68 acres vide sale deeds dated 03.07.1996, 21.06.1995, 15.09.1993 and 05.07.1995, on which he was carrying out agricultural operations.
2.2. On 10.12.2014, the fourth respondent herein issued a notification in Dhina Malar (Daily) in nfhg;g[ vz;.1602/2014 jpk2, calling for objection, if any, from the public regarding the lands in S.Nos.294/2A, 294/19, 294/20, 304/1A and 305/2, Navalpattu Village, Thiruvarambur Taluk, Tiruchirappalli District, which are proposed to be converted as housing plots.
2.3. Pursuant to the same, the petitioner herein filed a letter to the fourth respondent on 22.12.2014, showing his objection to the aforesaid scheme, stating that lands belonging to him, on which he was carrying out agricultural operations, were marked in the scheme. As no action was taken on the same, the present writ petition came to be filed.
3. Heard the learned counsel appearing for the petitioner and the learned Government Advocate appearing for the 1st and 3rd respondents as well as the learned counsel appearing for the 2nd and 4th respondents.
4. The learned Government Advocate refuted the averments made in the affidavit filed in support of the petition and filed a detailed counter affidavit, wherein it is specifically stated that the Executive Engineer & Administrative Officer, Trichy Housing Unit, Kajah Malai Colony, Trichy, submitted a application on 26.11.2014, for converting the said agricultural land into residential land, as per the provision of Tamil Nadu Country Planning Act.
5. Considering the facts and circumstances of the case, this Court directs the respondents herein to consider the objection raised by the petitioner with regard to land acquisition dated 22.12.2014, before taking any decision in the aforesaid scheme.
6. With the above direction, this Writ Petition is disposed of.
No costs. Consequently, connected Miscellaneous Petitions are closed.
To
1.The Secretary to Government, Housing and Urban Development Department, Fort St.George, Chennai.
2.The Director, Town and Country Planning, 807, Anna Salai, Chennai ? 600 002.
3.The Chairman / The District Collector, Town and Country Planning, Trichy.
4.The Assistant Director / Member Secretary, Navalpattu Pudhunagar Development Planning Committee, Condonment, Trichy ? 26.
.