Disposed

Dr.S.Kanagasundaram v. the Secretary to Government

Madras HC5 Mar 2015WP/17089/2013

Case brief

AI extract

What is this about?

The petitioner sought a writ of declaration that specific sections of the Tamil Town and Country Planning Act were void. The court treated the petition as a representation directed to the Government to take action on effective 73rd Amendment delegation of powers, directing respondents to communicate a decision within three months before disposing of the case.

What did the court decide?

Directed respondents to examine the representation and communicate a reasoned decision within three months.

Dr.S.Kanagasundaram Vs the Secretary to… — Pension and Retirement Benefits | Madras HC (2015)

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In the High Court of Judicature at Madras

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Dated: 05.03.2015

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CORAM:

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The Honourable Mr. SANJAY KISHAN KAUL, Chief Justice and

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The Honourable Mr. Justice M.M. SUNDRESH

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Writ Petition No. 17089 of 2013

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Dr. S. Kanagasundaram ... Petitioner
vs.
1. The Secretary to Government
Department of Housing & Urban
Development
Fort St. George, Chennai 600 009.
2. The Secretary to Government
Department of Rural Development
and Panchayat Raj
Fort St. George, Chennai 600 009.
3. The Director of Town and Country Planning
807, Anna Salai, Chennai 600 002.
4. The Deputy Director/Member Secretary
Local Planning Authority
Coimbatore.
5. The Commissioner
Corporation of Coimbatore
Coimbatore. .. Respondents

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PRAYER: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Declaration to declare that Sections 10 to 32 and Sections 47 to 63 of the Tamil Town and Country Planning Act, 1971 are void, repugnant, unenforceable, ultra vires of the constitution of India and inoperative.

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https://hcservices.ecourts.gov.in/hcservices/

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For Petitioner : Mr. P. Saravana Sowmiyan

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For Respondents : Mr. S.T.S. Murthi

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Govt. Pleader for R1 to R3 Mrs. A. Sri Jayanthi Spl. Govt. Pleader for R4 Mr. R. Sivakumar for R5

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O R D E R

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(Made by The Hon'ble The Chief Justice)

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We have heard the learned counsel for the parties. Learned counsel for the petitioner at this stage states that it may be appropriate to treat his petition as a representation to the Government for taking necessary action to give effect in letter and spirit to the 73^rd Amendment to the Constitution for the purposes of real and effective delegation of powers on the Panchayats, Municipalities and Local Bodies.

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We direct accordingly, giving the respondents three months' time to examine the representation of the petitioner and to communicate the reasoned decision to him. 3. The petition accordingly stands disposed of. No costs. Sd/Assistant Registrar //True Copy// Sub Assistant Registrar ATR

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Copies to;

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The Secretary to Government Department of Housing & Urban Development Fort St. George, Chennai 600 009.

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https://hcservices.ecourts.gov.in/hcservices/

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The Secretary to Government
Department of Rural Development
and Panchayat Raj
Fort St. George, Chennai 600 009.
3. The Director of Town and Country Planning
807, Anna Salai, Chennai 600 002.
4. The Deputy Director/Member Secretary
Local Planning Authority
Coimbatore.
5. The Commissioner
Corporation of Coimbatore
Coimbatore.
+1cc to M/s.P.Saravana Sowmiyan, Advocate, S.R.No.12423
+1cc to M/s.R.SivaKumar, Advocate, S.R.No.12725
+1cc to Mrs.Sri Jayanthi, Advocate, S.R.No.12765
+1cc to the Government Pleader, S.R.No.12557
W.P. No. 17089 of 2013
RSK(CO)
CA(13/03/2015)

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https://hcservices.ecourts.gov.in/hcservices/

Dr.S.Kanagasundaram v. the Secretary to Government

Case brief

What is this about?

What did the court decide?

Dr.S.Kanagasundaram v. the Secretary to Government

Case brief

What is this about?

What did the court decide?

What the court decided

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