Partly allowed

Urudhamalai.G v. The District Collector

Madras HC22 Apr 2022WP(MD)/7682/2022

Case brief

AI extract

What is this about?

The Madurai Bench of the Madras High Court disposed of a petition challenging the rejection of a planning permit. Noting the availability of a statutory appellate remedy, the Court recorded that the petitioner would file the appeal and disposed of the writ granting liberty to do so in the known manner under law.

What did the court decide?

Liberty granted to the petitioner to file a statutory appeal against the impugned order dated 07.12.2021 before the appropriate competent authority.

Urudhamalai.G Vs The District Collector — Property and Title | Madras HC (2022)

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W.P.(MD).No.7682 of 2022

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED : 22.04.2022

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CORAM

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THE HONOURABLE MR. JUSTICE ABDUL QUDDHOSE

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W.P.(MD).No.7682 of 2022 and W.M.P.(MD).No.5807 of 2022

G.Urudhamalai

... Petitioner

Vs.

1.The District Collector, Virudhunagar District, Virudhunagar.

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2.The Block Development Officer, Virudhunagar Panchayat Union, Virudhunagar District.

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3.The President,

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Sankaralingapuram Village Panchayat, Virudhunagar District.

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4.The Panchayat Secretary, Sankaralingapuram Village Panchayat, Virudhunagar District.

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...Respondents

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Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, calling for the records relating to impugned order of the third respondent dated 07.12.2021 and quash the same as illegal and unconstitutional, consequently direct the respondents 3 and 4 to grant building plan approval for the building of the petitioner situated in S.No.953/1A, Sankaralingapuram Village, Virudhunagar Taluk and District and thereby assess property tax for the same within the time frame without insisting pendency of any litigation.

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For Petitioner : Mr.S.Balamurugan

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For R-1 : Mr.D.Sasikumar,

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Additional Government Pleader.

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For R-2 to R-4 : Mr.P.Thambidurai, Government Advocate.

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

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W.P.(MD).No.7682 of 2022

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ORDER

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This Writ Petition has been filed challenging the impugned order dated 07.12.2021 passed by the third respondent rejecting the petitioner's planning permit application.

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The petitioner has challenged the impugned order on the ground that the third respondent, by total non-application of mind to the fact that no interim order has been granted in the Civil Court proceedings, has rejected the planning permit application of the petitioner.

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Admittedly, there is a statutory appellate remedy available to the petitioner as against the order dated 07.12.2021, which is impugned in this Writ Petition. The petitioner has not exercised the same.

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Learned counsel for the petitioner would now submit that the petitioner is willing to file a statutory appeal as against the impugned order dated 07.12.2021. The same is recorded.

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Accordingly, this Writ Petition is disposed of by granting liberty to the petitioner to file a statutory appeal as against the impugned order dated 07.12.2021 before the appropriate competent authority in the manner known to the petitioner under law. There shall be no order as to costs. Consequently, connected miscellaneous petition stands closed.

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// True Copy //

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/ /2022 Sub Assistant Registrar(CS)

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To:

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1.The District Collector, Virudhunagar District, Virudhunagar.

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2.The Block Development Officer, Virudhunagar Panchayat Union, Virudhunagar District.

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

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W.P.(MD).No.7682 of 2022

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3.The President, Sankaralingapuram Village Panchayat, Virudhunagar District.

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4.The Panchayat Secretary, Sankaralingapuram Village Panchayat, Virudhunagar District.

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+1 CC to M/s.S. BALAMURUGAN, Advocate ( SR-20527[F] dated 22/04/2022 )

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+1 CC to M/s.SPL.GP ( SR-20900[F] dated 25/04/2022 )

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W.P.(MD).No.7682 of 2022 22.04.2022

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RD(05.05.2022) 3P 7C

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

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Urudhamalai.G v. The District Collector

Case brief

What is this about?

What did the court decide?

Urudhamalai.G v. The District Collector

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

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