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Madras High Court

Salem Polyclinic vs The Chief Secretary To on 19 September, 2024

Author: G.K.Ilanthiraiyan

Bench: G.K.Ilanthiraiyan

                                                                             W.P.No.13417 of 2018

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                DATED : 19.09.2024

                                                     CORAM:

                             THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN

                                              W.P.No.13417 of 2018
                                                      and
                                             W.M.P.No.19008 of 2018

                     Salem Polyclinic,
                     Rep. by its Chairman,
                     No.250, Omalur Road,
                     Salem-636 007.                                   ....      Petitioner

                                                       Vs

                     1.The Chief Secretary to
                     Government of Tamil Nadu
                     Housing and Urban Development Department,
                     Fort St. George,
                     Chennai-600 009.

                     2. The Principal Secretary to
                          Government of Tamil Nadu
                     Municipal Administration and
                          Water Supply Department,
                     Fort St. George,
                     Chennai-600 009.

                     3.The Director,
                     Directorate of Town and Country Planning
                     (4th Floor) Chengalvarayan Building,
                     Anna Salai,
                     Chennai-600 002.

                     4. The Member Secretary,
https://www.mhc.tn.gov.in/judis
                     Page 1 of 5
                                                                           W.P.No.13417 of 2018

                     Salem Local Planning Authority,
                     Balaji Street,
                     5/601-B, Subramaniam Nagar,
                     I Gate, Suramangalam,
                     Salem-636 005.

                     5. The Tamil Nadu Dr.M.G.R Medical University,
                     Rep. by its Registrar,
                     69, Anna Salai, Guindy,
                     Chennai-600 032.                               ....       Respondents

                     Prayer : Writ Petition filed under Article 226 of Constitution of India
                     praying for the issuance of a Writ of Mandamus, directing the
                     respondents 3 & 4 to consider petitioner's application dated 09.11.2017
                     under the Building Regularisation Scheme - 2017 uploaded online and
                     submitted in person also to the 4th respondent on 09.11.2017 and pass a
                     final orders on merits.
                                   For Petitioner            : Mr.D.Shivakumaran

                                   For R1 to R4              : Mr.S.Arumugam
                                                               Government Advocate

                                   For R5                    : Mr.A.Mohamed Gouse

                                                        ORDER

This Writ Petition has been filed for a direction, directing the respondents 3 & 4 to consider the application submitted by the petitioner dated 09.11.2017 under the Building Regularization Scheme 2017.

2. Heard the learned counsel appearing on either side and https://www.mhc.tn.gov.in/judis Page 2 of 5 W.P.No.13417 of 2018 perused the materials available on record.

3. A perusal of the records reveals that, by a communication dated 20.11.2017, the petitioner was directed to furnish certain documents as per G.O.Ms.Nos.110 & 111, dated 22.06.2017. However, till date, the petitioner has not submitted the required documents, as required by the fourth respondent. Further, by a proceedings dated 03.04.2018, the petitioner was directed to pay the required amount and also return the application.

4. In view of the above, the prayer sought for in this writ petition cannot be considered. Thus, the writ petition is devoid of merits and it is liable to be dismissed. Accordingly, this writ petition stands dismissed. Consequently, connected miscellaneous petition is closed. No costs.

19.09.2024 Internet: Yes Index : Yes/No Speaking/Non Speaking order Lpp To https://www.mhc.tn.gov.in/judis Page 3 of 5 W.P.No.13417 of 2018

1.The Chief Secretary to Government of Tamil Nadu Housing and Urban Development Department, Fort St. George, Chennai-600 009.

2. The Principal Secretary to Government of Tamil Nadu Municipal Administration and Water Supply Department, Fort St. George, Chennai-600 009.

3.The Director, Directorate of Town and Country Planning (4th Floor) Chengalvarayan Building, Anna Salai, Chennai-600 002.

4. The Member Secretary, Salem Local Planning Authority, Balaji Street, 5/601-B, Subramaniam Nagar, I Gate, Suramangalam, Salem-636 005.

G.K.ILANTHIRAIYAN. J, https://www.mhc.tn.gov.in/judis Page 4 of 5 W.P.No.13417 of 2018 Lpp W.P.No.13417 of 2018 19.09.2024 https://www.mhc.tn.gov.in/judis Page 5 of 5