A writ petition filed under Article 226 sought a writ of mandamus directing the Commissioner of Coimbatore Corporation (2nd Respondent) to grant building permit and executive sanction for planning permissions already granted by other authorities.
Second respondent directed to grant building permit and executive sanction within three weeks.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
W.P.No.463 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 09.02.2023
CORAM
THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR
W.P.No.463 of 2023
B. Murali Narasiman .. Petitioner
-vs-
1.The Commissioner and Director of Town and Country Planning, 2, 3, 4 Floors E & C Market Road, CMDA Campus, Koyambedu, Chennai – 107.
2.The Commissioner of Coimbatore Corporation, Office of the Corporation of Coimbatore, Big Bazaar Street, Coimbatore – 1.
3.The Joint Director Member Secretary (Incharge), Coimbatore Town & Country Planning Office of Coimbatore Corporation,
Dr. Nanjappa Road,
Coimbatore – 641 018.
1/6
W.P.No.463 of 2023
4.The Town and Country Planning Officer, Coimbatore Corporation, Office of the Corporation of Coimbatore, Big Bazaar Road, Coimbatore – 641 001. .. Respondents
Prayer: Petition filed under Article 226 of Constitution of India to issue a Writ of Mandamus directing the 2nd respondent to grant building permit and executive sanction for the planning permission given by the 1st and 3rd respondents on petitioner's on-line application No.162/CP/22-23/0129911, dated 29.11.2022 on the basis of petitioner's representation dated 29.12.2022.
For Petitioner : Mr.S.Venkatesh For R-1 : Mr.K.M.D.Muhilan Additional Government Pleader For RR-2 to 4 : Mr.N.Velmurugan (Coimbatore Corporation)
O R D E R
This writ petition has been filed for issuance of a Writ of
Mandamus directing the second respondent to grant building permit and executive sanction for the planning permission given by the first and third respondents on petitioner's on-line application No.162/CP/22-23/0129911,
dated 29.11.2022 on the basis of the petitioner's representation dated 29.12.2022.
W.P.No.463 of 2023
“The difficulty expressed by the learned counsel appearing for the respondents is that though scheme road has been deleted in the revenue records, in the computer chitta, the name of the Corporation is appearing.
the learned counsels appearing on either side that the mistake crept in the
application is now set right and the plan has been submitted for approval.
that they will consider the petitioner's application and grant executive
sanction within a period of four weeks.
W.P.No.463 of 2023
grant building permission and executive sanction to the petitioner as per the
Rules for construction of a school building, within a period of three weeks
from the date of receipt of a copy of this order.
costs.
09.02.2023
Index : Yes/no Speaking order : Yes/No rsi
To
1.The Commissioner and Director of Town and Country Planning, 2, 3, 4 Floors E & C Market Road, CMDA Campus, Koyambedu, Chennai – 107.
2.The Commissioner of Coimbatore Corporation, Office of the Corporation of Coimbatore, Big Bazaar Street, Coimbatore – 1.
4/6
W.P.No.463 of 2023
Member Secretary (Incharge), Coimbatore Town & Country Planning Office of Coimbatore Corporation, Dr. Nanjappa Road, Coimbatore – 641 018.
W.P.No.463 of 2023
N.SATHISH KUMAR, J.
rsi
W.P.No.463 of 2023
09.02.2023
2 issues framed by the court
Whether the second respondent was under a duty to grant building permit and executive sanction for planning permission already granted by other respondents.
Whether the second respondent failed in its duty to grant necessary permissions.
1 provisions across 1 enactments
B. Murali Narasiman
Commissioner and Director of Town and Country Planning
Commissioner of Coimbatore Corporation
Joint Director Member Secretary
Town and Country Planning Officer
N. Sathish Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
