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Madras High Court

L.Raghunathan vs The Block Development Officer on 29 October, 2021

Author: N.Anand Venkatesh

Bench: N.Anand Venkatesh

                                                                                              W.P.No.23203 of 2021

                                      IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                         DATED: 29.10.2021

                                                             CORAM:

                                    THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH

                                                     W.P.No.23203 of 2021

            L.Raghunathan                                                              ...       Petitioner


                                                                -Vs-

            1 The Block Development Officer
              P.K.Street, S.H.58, Desumugipet
              Thirukalukundram 603109
              Chengalpet District.

            2.The Director,
              Directorate of Town and Country Planning
              Annasalai, Chennai.                                                      ...     Respondents


            Prayer:- Writ Petition filed under Article 226 of the Constitution of India praying for issuance
            of a Writ of directing the 1st respondent to consider the petitioners application for the
            Regularization of Unapproved Plots and Layouts under Registration No. DTCP/ P/ 0992961/
            2017 dated 27.02.2021 with regard to the regularization of plot No.49 in Survey No. 415/1
            in Manamai Village               Manamai Panchayat     Thirukazhukundram         Sub Registrar Office
            Chengalpet Registration District on the file of the 1st Respondent                Block Development
            Officer Thirukazhukundram and pass orders with regards to the Regularization within such
            time stipulated by this Honble Court.


                                   For Petitioner    :       Mr.M.Kaviveerappan

                                   For Respondents   :       Mr.K.Sajeev Kumar, Government Advocate-for R1
                                                             Mr.A.Selvendran, Government Advocate-for R2



https://www.mhc.tn.gov.in/judis/
                                                                                      W.P.No.23203 of 2021

                                                      ORDER

This writ petition has been filed for the issue of a writ of Mandamus directing the first respondent to consider the application submitted by the petitioner in Registration No.DTCP/P/0992961/2017 dated 27.02.2021, wherein the petitioner has sought for the regularization of the unapproved plot and layout.

2. The case of the petitioner is that, the property originally belonged to one Subramani Nadar and thereafter it was purchased from the legal heirs of Subramani Nadar by one Sumithikumar. In turn, the petitioner has purchased the property from the said Sumithikumar by virtue of a sale deed dated 04.09.2014.

3.The petitioner wanted to develop the land. However, it was found that it was an unapproved plot / layout and hence the petitioner made an application before the first respondent which was assigned Registration No. DTCP/P/0992961/2017 dated 27.02.2021. The grievance of the petitioner is that the first respondent is yet to consider the application submitted by the petitioner and hence left with no other option, the present writ petition has been filed seeking for appropriate directions.

4. Heard Mr.M.Kaviveerappan, learned counsel appearing for the petitioner, Mr.K.Sajeev Kumar, learned Government Advocate appearing for the first respondent and Mr.A.Selvendran, learned Government Advocate appearing for the second respondent. https://www.mhc.tn.gov.in/judis/ W.P.No.23203 of 2021

5. Taking into consideration the facts and circumstances of the case and the limited relief sought for in this writ petition, there shall be a direction to the first respondent to consider the application submitted by the petitioner in Registration No. DTCP/P/0992961/2017 dated 27.02.2021 and deal with the same on its own merits and in accordance with the relevant Government Order and take a decision within a period of four weeks from the date of receipt of a copy of this order. The petitioner is directed to make a fresh representation with all the relevant documents and a copy of this order.

6. This writ petition is disposed of accordingly. No costs.

29.10.2021 Index : Yes/No Internet : Yes/No KST To 1 The Block Development Officer P.K.Street, S.H.58, Desumugipet Thirukalukundram 603109 Chengalpet District.

2.The Director, Directorate of Town and Country Planning Annasalai, Chennai.

https://www.mhc.tn.gov.in/judis/ W.P.No.23203 of 2021 N.ANAND VENKATESH, J.

KST W.P.No.23203 of 2021 29.10.2021 https://www.mhc.tn.gov.in/judis/