The Commissioner vs N.Santhanakumar
2022 Latest Caselaw 11347 Mad

                                                                                    W.A.No.1416 of 2022

                                     IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                      DATED:    28.06.2022

                                                              CORAM :

                        THE HON'BLE MR.MUNISHWAR NATH BHANDARI, CHIEF JUSTICE
                                                               AND
                                            THE HON'BLE MRS.JUSTICE N.MALA
                                                      W.A.No.1416 of 2022
                     The Commissioner,
                     Dharapuram Municipality,
                     No.207-A, Park Road,
                     Dharapuram 688 656
                     Tiruppur District                                  ... Appellant

                                                                vs

                     N.Santhanakumar                                    ... Respondent

                     Prayer: Appeal filed against the order dated 11.11.2021 in WP
                     No.23752 of 2021.

                                  For the Appellant       :      Mr.P.Srinivas

                                  For the Respondent      :      Mr.V.B.R.Menon


                                                          JUDGMENT

(Judgment of the Court was delivered by the Hon'ble Chief Justice)

The writ appeal has been filed questioning the judgment of

learned Single Bench dated 11.11.2021 in WP No.23572 of 2021.

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https://www.mhc.tn.gov.in/judis W.A.No.1416 of 2022

2. The matter pertains to approval of the building plan. The

building plan was approved earlier in the year 2000, having a period

of operation of three years. The said period expired in the year

2003. No construction was undertaken by the petitioner/non-

appellant during the said period of three years. Thereafter, he made

an application for renewal of the building plan. In the intervening

period, there was a change of rules. The municipality concerned had

not entertained the renewal application, rather, the petitioner/non-

appellant was asked to make a fresh application in accordance with

the existing rules. The learned Single Judge interfered in the

decision of the municipality and directed them to consider the

renewal application to be a fresh application made by the petitioner/

non-appellant and proceed accordingly.

3. To avoid delay in getting permission for building, the

learned counsel for the non-appellant prayed that liberty may be

given to him to make a fresh application for approval of the building

plan instead of pressing on the renewal application to treat it to be

fresh application. If fresh application is preferred, the municipality

may be directed to consider it within a reasonable time. The

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https://www.mhc.tn.gov.in/judis W.A.No.1416 of 2022

proposal of the learned counsel for the non-appellant is not opposed

by the counsel for the municipality. As otherwise, it was his case

that there cannot be a renewal application but a fresh application in

consonance with the rules applicable now.

4. Accordingly, this appeal is disposed of after causing

interference to the order of the learned Single Judge with liberty to

the petitioner/non-appellant to make a fresh application for

approval of the building plan. The said application would be

maintained as per the rules now existing. In case any application is

made, the municipality is directed to consider it expeditiously and in

any case not beyond a period of four months from the date of

receipt of a copy of this order. There will be no order as to costs.

                                                                     (M.N.B., CJ.)       (N.M., J.)
                                                                                 28.06.2022
                     Index : Yes/No
                     tar




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https://www.mhc.tn.gov.in/judis W.A.No.1416 of 2022

M.N.Bhandari, CJ.

and N.Mala, J.

(tar)

W.A.No.1416 of 2022

28.06.2022

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https://www.mhc.tn.gov.in/judis