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Madras High Court

V.Sakthivel vs The Principal Secretary To Government ... on 4 August, 2021

Author: N. Anand Venkatesh

Bench: N. Anand Venkatesh

                                                                          W.P.No.9938 of 2021


                               IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                             DATED : 04.08.2021

                                                   CORAM

                          THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH

                                             W.P No.9938 of 2021

                 V.Sakthivel                                               ... Petitioner

                                                     Vs.

                 1.The Principal Secretary to Government of Tamil Nadu,
                   Housing and Urban Development Department,
                   Secretariat,
                   Chennai – 600 009.

                 2.The Director,
                   Directorate of Town and Country Planning,
                   Chennai – 600 002.

                 3.The District Collector,
                   Dindigul District,
                   Dindigul.                                            ... Respondents


                 Prayer: Writ Petition filed under Article 226 of the Constitution of
                 India for issuance of a Writ of Mandamus, directing the respondents
                 herein to include the name of Kollapatti village, Vadamadurai
                 Panchayath Union,     Dindigul District in the online portal of the 1st
                 respondent for regularization of unapproved plots and layouts and
                 extent time for registration in the same.

http://www.judis.nic.in
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                                                                              W.P.No.9938 of 2021


                                   For Petitioner     : Mr.B.S.Shivashankar
                                   For Respondents: Mr.U.Baranidharan
                                                     Government Advocate

                                                    ORDER

This Writ petition has been filed for the issue of writ of Mandamus directing the respondents to include the name of Kollapatti village, Vadamadurai panchayat union, Dindigul district in the on-line portal of the 1st respondent in order to enable the petitioner to apply for regularisation of unapproved plots and layouts and for registration of the same.

2. The grievance of the petitioner is that there are various unapproved plots and layouts at Kollampatti village. Unless, the unapproved plots and layouts are regularised, the same cannot be dealt with and the documents will not be received for registration. Therefore, the petitioner was taking steps to submit an application for regularisation. According to the petitioner, Kollampatti village does not find place in the on-line portal of the 1st respondent and hence, the petitioner is not able to submit an application for regularisation of http://www.judis.nic.in Page No.2/6 W.P.No.9938 of 2021 the layouts. The petitioner also made a representation in this regard and since, there was no response, the present petition has been filed before this Court, seeking for appropriate directions.

3. The learned Government counsel appearing on behalf of respondents submitted that the Kollampatti village is an hamlet of Morapatti revenue village.The learned counsel further submitted that the Block Development Officer, Vadamadurai Panchayat Union, by letter dated 28.06.2021, has furnished this information. It was further submitted that insofar as the portal that is maintained by the 2nd respondent, only the names of the revenue villages will be reflected and the names of Hamlets will not be posted in the portal. The learned Government counsel therefore submitted that the petitioner should mention the village name as Morapatti instead of Kollampatti and accordingly, the petitioner will be able to access the portal and submit the on-line application. In order to substantiate this submission, the learned Government counsel circulated the letter of the BDO, dated 28.06.2021 along with with http://www.judis.nic.in Page No.3/6 W.P.No.9938 of 2021 the annexure wherein it has been specifically stated that Kollampatti hamlet falls within the Morapatti revenue village and this entry is found at Sl.No.2362.

4. In view of the above clarification given by the 2nd respondent, there shall be a direction to the petitioner to submit the on-line application by mentioning the name of the village as Morapatti and seek for regularization of the unapproved plots and layouts. The petitioner shall also simultaneously make a representation to the 2nd respondent along with all the relevant documents and also a copy of this order. The 2nd respondent shall act upon the application and proceed further in accordance with law.

5. This writ petition is disposed of with the above directions. No costs.




                                                                            04.08.2021

                 Internet : Yes/No
                 Index    : Yes/No
                 rka


http://www.judis.nic.in
                 Page No.4/6
                                                                          W.P.No.9938 of 2021




                 To

1.The Principal Secretary to Government of Tamil Nadu, Housing and Urban Development Department, Secretariat, Chennai – 600 009.

2.The Director, Directorate of Town and Country Planning, Chennai – 600 002.

3.The District Collector, Dindigul District, Dindigul.

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