Writ petition challenging planning approval quashed construction refusal under Article 226 Constitution dismissed as appealable under Section 79 Tamil Nadu Town and Country Planning Act.
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W.P.No.28469 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 04.11.2022
CORAM:
THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN AND
THE HONOURABLE MR.JUSTICE K.KUMARESH BABU
W.P.No.28469 of 2022
and
W.M.P.Nos.27780 to 27782 of 2022
M.Ashok Kumar
...Petitioner
Vs.
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W.P.No.28469 of 2022
Prayer: Writ Petition filed under Article 226 of the Constitution of India seeking issuance of Writ of Certiorarified Mandamus, to quash the proceedings of the 3rd respondent in Na.Ka.No.9761/2022/TCP dt. 14.05.2022 and proceedings of the 6th respondent in Na.Ka.No.1578/2022 (nr/gh/41 ehs; 15.06.2022 and direct the respondents 1 to 8 to demolish the illegal construction and unauthorized construction made S.No.7/2 and 7/3B Ayothya Pattinam Panchayat Union, Udaiyapatty Village, Salem District.
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For Petitioner : Mr.C.Thangamani For Respondents : Mr.V.Nanmaran Additional Govt. Pleader for R1, R2, R4 & R5 Mr.Vadivelu Deenadayalan Special Government Pleader for R3 & R6 Mr.S.Arumugam for R7 & R8
O R D E R
(Order of the Court was made by R.SUBRAMANIAN, J.)
The petitioner challenges the planning approval granted by the Director of Town and Country Planning and the Assistant Director / Member Secretary of the District Town and Country Planning, Salem.
2.The said planning permission granted is appealable under Section
79 of the Tamil Nadu Town and Country Planning Act. Hence, this Writ Petition is dismissed, leaving it open to the petitioner to file an appeal. No costs. Consequently, connected miscellaneous petitions are closed.
(R.S.M.,J.) (K.B.,J.) 04.11.2022
kkn Internet:No Index:Yes Speaking
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W.P.No.28469 of 2022
To:-
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8.The Village Panchayat President, Udaipatty Village Panchayat, Udaiyapatty, Salem District.
9.The Managing Director, M/s.Arthanari Loom Centre (Textile) Pvt. Ltd., No.78, Kalarampatty, Erumapalayam, Salem District – 636 016.
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W.P.No.28469 of 2022
R.SUBRAMANIAN, J. and K.KUMARESH BABU, J.
KKN
W.P.No.28469 of 2022 and W.M.P.Nos.27780 to 27782 of 2022
04.11.2022
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M.Ashok Kumar
The Secretary to Government, Municipal and Administration Department
The Secretary to Government, Rural Development Department
The Director of Town and Country Planning
The District Collector
The Assistant Director, Rural Development Department
R.Subramanian
K.Kumaresh Babu
As recorded by the court registry
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