Madras High Court
A.Jaffer Sherief vs The State Of Tamil Nadu on 19 July, 2021
W.P.(MD).No.12049 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 19.07.2021
CORAM:
THE HON'BLE MR.JUSTICE N.ANAND VENKATESH
W.P.(MD).No.12049 of 2021
A.Jaffer Sherief ... Petitioner
Vs.
1.The State of Tamil Nadu,
Rep. by its Secretary,
Housing and Urban Development Department,
Fort St.George, Chennai.
2.The Director of Town and Country Planning,
Dorectorate of Town and Country Planning,
E & C Market Road, Koyembedu,
Chennai – 600 107.
3.The Member Secretary,
Madurai Town and Country Planning Authority,
Corporation Office Campus,
3rd Floor, Anna Maligai,
Madurai. ... Respondents
PRAYER: Petition filed under Article 226 of the Constitution of India,
praying for issuance of a Writ of Mandamus, directing the 3 rd respondent
to grant planning permission to the petitioner's development by passing
orders on the application of the petitioner in online application number
202100702010414 dated 19.01.2021 without reference to the proposed
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W.P.(MD).No.12049 of 2021
Uthangudi South Detailed Development Plan, which is yet to be notified
within the time that may be stipulated by this Court in the light of the
decision of this Court in W.P.(MD)No.8094 of 2021 dated 25.06.2021.
For Petitioner : Mr.Mahaboob Athiff.M
For Respondents : Mr.R.Sureshkumar,
Government Advocate
ORDER
This writ petition has been filed for the issue of a writ of
Mandamus, directing the third respondent to grant planning permission
to the petitioners on the application made by the petitioner, on
19.01.2021, without reference to the proposed Uthangudi South Detailed
Development Plan.
2.Heard Mr.M.Mohaboob Athiff, learned counsel for the petitioner
and Mr.R.Suresh Kumar, learned Government Advocate appearing for the
respondents.
3.The issue involved in the present writ petition is squarely
covered by the earlier judgment of this Court in W.P.(MD).No.8094 of
2021, dated 25.06.2021. It is seen from records that the development
plan is still at the stage of proposal and it has not crossed that stage and
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W.P.(MD).No.12049 of 2021
this Court in the above order has categorically held that where a detailed
development plan remains at the stage of proposal and it has not crossed
that stage, the planning permission sought for by the applicant cannot be
denied and the applicant cannot be prevented from constructing or
developing the property.
4.In view of the above, the detailed development plan is deemed to
have lapsed and there shall be a direction to the third respondent to
proceed further and process the application submitted by the petitioner
and on other parameters being satisfied, the sanction order shall be
passed, within a period of six weeks from the date of receipt of a copy of
this order.
5.This writ petition is allowed with the above directions. No costs.
19.07.2021
Index :Yes/No
Internet : Yes/No
TM
https://www.mhc.tn.gov.in/judis/
W.P.(MD).No.12049 of 2021
NOTE: In view of the present lock down owing to
COVID-19 pandemic, a web copy of the order may be
utilized for official purposes, but, ensuring that the copy of
the order that is presented is the correct copy, shall be the
responsibility of the advocate/litigant concerned.
To
1.The Secretary,
Housing and Urban Development Department,
Fort St.George, Chennai.
2.The Director of Town and Country Planning,
Dorectorate of Town and Country Planning,
E & C Market Road, Koyembedu,
Chennai – 600 107.
3.The Member Secretary,
Madurai Town and Country Planning Authority,
Corporation Office Campus,
3rd Floor, Anna Maligai,
Madurai.
https://www.mhc.tn.gov.in/judis/
W.P.(MD).No.12049 of 2021
N.ANAND VENKATESH.J.,
TM
Order made in
W.P.(MD).No.12049 of 2021
Dated :
19.07.2021
https://www.mhc.tn.gov.in/judis/
