IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 21-01-2010
CORAM
THE HON'BLE MR.JUSTICE M.JAICHANDREN
Writ Petition No.13852 of 2009 &
M.P. No. 1 of 2009
M.Chitra .. Petitioner
Versus
1.The Director
Municipal Administration
Chepauk, Chennai-5.
2.The Commissioner
Arcot Municipality
Arcot, Vellore District. .. Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Certiorarified Mandamus to call for the records of the 2nd respondent in order Ka.Ma.No.106/09/F1 dated 26.06.2009 and quash the same and consequently direct the 2nd respondent to grant planning permission to the petitioner for putting construction in the petitioner's plot at Ward A, Block No.6, Survey No.101/A4, New Survey No.1,101A/36, 101A/37, T.S.No.22/1, 22/2, Bharathidasan Street, Old name Nagojipura Street, Arcot, Vellore District immediately.
For petitioner : Mr. V.K. Rajagopalan
For respondents : Mr.R.Murali,Govt.Advocate for R1
Mr.V.Viswanathan
Additional Govt. Pleader for R2
O R D E R
This writ petition has been filed challenging the order of the second respondent, dated 26.06.2009, made in Ka.Ma.No.106/09/F1.
2. The main allegation of the petitioner is that the second respondent had passed the Impugned Order without properly considering the application of the petitioner for the construction of the house in his property at Ward A, Block No.6, Survey No.101/A4, New Survey No.1,101A/36, 101A/37, T.S.No.22/1, 22/2, Bharathidasan Street, Old name Nagojipura Street, Arcot, Vellore District. However, in the Impugned Order of the second respondent, dated 26.06.2009, various defects have been pointed out. In such circumstances, the relief sought for by the petitioner cannot be granted. However, it is made clear that if the petitioner resubmits his application for building plan approval after the rectification of the defects pointed out by the second respondent, in his impugned order, dated 26.06.2009, the second respondent shall consider the same and pass appropriate orders there on, as expeditiously as possible.
With the above observation, this writ petition is disposed of. Consequently connected Miscellaneous Petition is closed. No costs.
arr/kj
To
1.The Director
Municipal Administration
Chepauk, Chennai-5.
2.The Commissioner
Arcot Municipality
Arcot,
Vellore District