Legal Document View

Unlock Advanced Research with PRISMAI

- Know your Kanoon - Doc Gen Hub - Counter Argument - Case Predict AI - Talk with IK Doc - ...
Upgrade to Premium
[Cites 4, Cited by 0]

Madras High Court

G.Venkatraman vs The Commissioner on 17 October, 2022

Author: R.Subramanian

Bench: R.Subramanian

                                                                       W.P.No.27563 of 2022

                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS
                                               DATED: 17.10.2022
                                                     CORAM:
                                   THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN
                                                    AND
                                  THE HONOURABLE MR.JUSTICE K.KUMARESH BABU

                                              W.P.No.27563 of 2022
                                                      and
                                             W.M.P.No.26813 of 2022


                     G.Venkatraman
                     Rep. by his Power of Attorney
                     Kamini Kumar                                      ...Petitioner

                                                         Vs.

                     1.The Commissioner,
                       Greater Chennai Corporation,
                       Ripon Building, Chennai – 600 003.

                     2.The Executive Engineer,
                       Zone-9, Division-116,
                       Nungambakkam,
                       Corporation of Greater Chennai,
                       Chennai.

                     3.The Secretary,
                       Housing and Urban Development Department,
                       Secretariat, Chennai – 600 009.                ...Respondents




                     1/5


https://www.mhc.tn.gov.in/judis
                                                                                        W.P.No.27563 of 2022




                     Prayer: Writ Petition filed under Article 226 of the Constitution of India
                     seeking issuance of a Writ of Mandamus, directing the 1st respondent to pass
                     order in the Appeal dated 02.08.2022 filed by the petitioner under Section
                     80A of the Tamil Nadu Town and Country Planning Act, 1979 within a time
                     frame in accordance with law.


                                  For Petitioner       : Mr.J.Parthiban
                                                         for Mrs.D.Revathi Karthick

                                  For Respondents      : Mr.D.B.R.Prabhu
                                                         Standing Counsel for R1 and R2

                                                        Mr.Vadivelu Deenadayalan,
                                                        Additional Government Pleader for R3

                                                            *******

                                                          ORDER

(Order of the Court was made by R.SUBRAMANIAN, J.) Considering the scope of the writ petition, this writ petition itself is taken up for disposal at the admission stage.

2. Mr.J.Parthiban, learned counsel for Mrs.D.Revathi Karthick appears for the petitioner. Mr.D.B.R.Prabhu, learned Standing Counsel takes 2/5 https://www.mhc.tn.gov.in/judis W.P.No.27563 of 2022 notice for the respondents 1 and 2 and Mr.Vadivelu Deenadayalan, learned Additional Government Pleader takes notice for the 3rd respondent.

3. The prayer in the writ petition reads as follows:-

The writ petition is filed seeking issuance of Writ of Mandamus, directing the 1st respondent to pass orders in the Appeal dated 02.08.2022 filed by the petitioner under Section 80A of the Tamil Nadu Town and Country Planning Act, 1979 within a time frame in accordance with law.

4. The petitioner seeks a direction to dispose of the revision filed by him under Section 80A of the Tamil Nadu Town and Country Planning Act. Proviso to Sub-Section (1) of Section 80A mandates that the revisions filed under the said Section shall be disposed of within ninety days from the date of receipt of the application.

5. In view of such mandate, this writ petition is disposed of with a direction to the Government to dispose of the special revision under Section 3/5 https://www.mhc.tn.gov.in/judis W.P.No.27563 of 2022 80A within a period of three (3) months from the date of receipt of a copy of the order. No costs. Consequently, the connected writ miscellaneous petition is closed.

                                                                      (R.S.M.,J.)     (K.B.,J.)
                                                                              17.10.2022
                     dsa

                     Index    :No
                     Internet :Yes
                     Speaking order


                     To:-

                     1.The Commissioner,
                       Greater Chennai Corporation,

Ripon Building, Chennai – 600 003.

2.The Executive Engineer, Zone-9, Division-116, Nungambakkam, Corporation of Greater Chennai, Chennai.

3.The Secretary, Housing and Urban Development Department, Secretariat, Chennai – 600 009.

4/5

https://www.mhc.tn.gov.in/judis W.P.No.27563 of 2022 R.SUBRAMANIAN, J.

and K.KUMARESH BABU, J.

dsa W.P.No.27563 of 2022 17.10.2022 5/5 https://www.mhc.tn.gov.in/judis