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[Cites 2, Cited by 0]

Madras High Court

R.Dhanasekaran vs The Commissioner on 5 July, 2019

Author: G.Jayachandran

Bench: G.Jayachandran

                                                           1

                                    IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                  DATED : 05.07.2019

                                                        CORAM

                                  THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN

                                            W.P.Nos.12598 & 12603 of 2019

                      R.Dhanasekaran                             ... Petitioner in WP.No.12598/19

                      D.Chitra                                   ... Petitioner in WP.No.12603/19

                                                        Versus

                      1.The Commissioner,
                        Directorate of Town and Country Planning,
                        Head Office,
                        No.807, Anna Salai,
                        Chennai-600 002.

                      2.The Deputy Director of Town and Country Planning,
                        Coimbatore Region,
                        Dr.Nanjappa Road,
                        Corporation Shopping Complex,
                        Coimbatore-6                          ... Respondents in both Wps.


                      COMMON PRAYER: Writ Petition filed under Article 226 of the Constitution
                      of India, praying for the issue of Writ of Mandamus directing the 2nd
                      respondent herein to dispose the application of the petitioner datd
                      29.10.2018 as per GO.Ms.No.78, Housing and Urban Development [UD4(3)]
                      dated on 04.05.2017, Rules-Regularization of unapproved plots and layouts
                      rules, 2017 under Section 133 read with 122 of the Tamil Nadu Town and
                      Country Planning Act. 1971 within a stipulated time.


                                     For Petitioner in both WPs      : Mr.T.Balaji
                                     For Respondents in both WPs     : Mr.D.Suriyanarayan
                                                                      Addl.Government Pleader
http://www.judis.nic.in
                                                          2


                                                  COMMON ORDER

The petitioners herein are in possession and enjoyment of the property in S.F.No.86/14 and 89/2, which are unapproved plots. They have sought for regularization of unapproved plots sent their application through online.

2. According to the petitioners, their application was made through online has not been considered by the second respondent. Hence, they have filed the present writ petitions seeking Mandamus directing the respondents to dispose of their application dated 29.10.2018.

3. On notice, the Member Secretary, Coimbatore Local Planning Committee has informed the learned Additional Government Pleader through his letter dated 03.07.2019 that the application of Smt.Chitra and R.Dhanasekaran through online does not contain any supporting documents. If the petitioners make the application with all relevant documents, the same will be considered in accordance with law.

4. In the light of the above information furnished by the Member Secretary, Coimbatore Local Planning Authority, Coimbatore, the writ petition is disposed of. Permitting the petitioners herein to submit their application along with all relevant documents and on receipt of the said http://www.judis.nic.inapplication, the respondents are directed to dispose of the same in 3 accordance with law. No costs.

05.07.2019 Speaking order/Non speaking order Index : Yes / No rpl To

1.The Commissioner, Directorate of Town and Country Planning, Head Office, No.807, Anna Salai, Chennai-600 002.

2.The Deputy Director of Town and Country Planning, Coimbatore Region, Dr.Nanjappa Road, Corporation Shopping Complex, Coimbatore-6 Dr.G.JAYACHANDRAN,J.

http://www.judis.nic.in 4 rpl + W.P.Nos.12598 & 12603 of 2019 05.07.2019 http://www.judis.nic.in