Disposed

R.Murugan v. The District Collector

Madras HC29 Apr 2021WP/10767/2021

Case brief

AI extract

What is this about?

In a writ petition concerning the proposed conversion of Survey No.25/1E land in Rasipuram, the Court granted leave to the petitioner to file a fresh representation to the Director of Town and Country Planning. It directed the respondent authorities to consider objections and provide a hearing opportunity before issuing a reasoned decision on the land use change.

What did the court decide?

Petitioner granted leave to file a fresh representation; Third respondent directed to consider objections and provide hearing opportunity within ten weeks.

R.Murugan Vs The District Collector — Land Acquisition | Madras HC (2021)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 29.04.2021

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CORAM :

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The Hon'ble Mr.SANJIB BANERJEE, THE CHIEF JUSTICE AND

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The Hon'ble Mr.JUSTICE SENTHILKUMAR RAMAMOORTHY

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W.P.No.10767 of 2021

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R.Murugan .. Petitioner

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-vs-
1.The District Collector,
Office of Collectorate,
Namakkal District, Namakkal.
2.The Thasildar,
Thasildar Office, Rasipuram.
3.The Director of Town and Country
Planning Department,
Paramathi Road,
S.P.Pudur, Thilaipuram,
Namakkal.
4.The Sub Registrar,
Office of Sub Registrar,
Rasipuram.
5.Shanmugasundar
6.karunakaran
7.Ramasamy .. Respondents
Petition filed under Article 226 of the Constitution of
India praying for issue of Writ of Mandamus to direct the
respondents 1 to 3 not to grant any approval for convert as a
house site in favour of 5 th to 7 th respondents and consequently
direct the 4 th respondent not to register any document in Survey
No.25/1E, Rasipuram Village, Rasipuram Taluk, Namakkal District
as a house site by considering petitioner's representation dated
03.03.2021.

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For Petitioner : Mr.N.Chinnaraj For Respondents : Mr.V.Jayaprakash Narayanan State Government Pleader for RR 1 to 3 : Mr.T.M.Pappiah Spl. Government Pleader for R-4

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

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ORDER

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(Made by Senthilkumar Ramamoorthy, J.)

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The writ petition pertains to the proposed conversion of land use by the fifth to seventh respondents.

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The writ petitioner alleges that S.No.25/1E, Rasipuram Village, Rasipuram Taluk, Namakkal District, is actually a waterbody and that it should not be converted into a house site. It is further stated that a representation dated 03.03.2021 was submitted in this connection to the District Collector, but no action has been thereon.

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Mr.V.Jayaprakash Narayanan, learned State Government Pleader, accepts notice on behalf of respondents 1 to 3. He states that the land in Survey No.25/1E is a ryotwari patta land and that the only question for consideration is whether such land may be converted for residential use. He further states that the appropriate authority to decide this issue is the third respondent herein.

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Mr.T.M.Pappiah, learned Special Government Pleader, accepts notice on behalf of fourth respondent.

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In the aforesaid facts and circumstances, without examining the merits of the matter, the petitioner is granted leave to submit a fresh representation to the third respondent raising objections with regard to the proposed conversion of land use. Such representation shall be submitted within two weeks from the date of receipt of a copy of this order. The third respondent is directed to consider such representation and, if such respondent is of the prima facie view that the matter requires further examination, the fifth to seventh respondents shall be provided an opportunity of hearing before issuing and communicating a reasoned decision. This exercise shall be completed within a period of ten weeks from the date of receipt of such representation.

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W.P.No.10767 of 2021 is disposed of without any order as to costs.

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Sd/-

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Assistant Registrar //True Copy//

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Sub Assistant Registrar

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sra

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

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1.The District Collector,
Office of Collectorate,
Namakkal District, Namakkal.
2.The Thasildar,
Thasildar Office, Rasipuram.
3.The Director of Town and Country
Planning Department, Paramathi Road,
S.P.Pudur, Thilaipuram,
Namakkal.
4.The Sub Registrar,
Office of Sub Registrar,
Rasipuram.
+1cc to Mr.N.Chinna Raj, Advocate, S.R.No.26298
+2cc to the Government Pleader, S.R.No. 26383
W.P.No.10767 of 2021
RGN(CO)
GN(06/07/2021)

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

R.Murugan v. The District Collector

Case brief

What is this about?

What did the court decide?

R.Murugan v. The District Collector

Case brief

What is this about?

What did the court decide?

What the court decided

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Statutes considered

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