Writ petition against return of a sub-division approval application citing encroachment on a 30 feet road in an approved layout. Court directed petitioner to re-submit showing actual 17 feet access road width and directed the Municipality to consider and grant sub-division approval per rules.
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W.P.No.100 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 07.08.2024
CORAM:
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN
W.P.No.100 of 2024
PRAYER: Writ Petition is filed under Article 226 of Constitution of India p raying to issue a writ of certiorarified mandamus by calling for the
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records passed by the second respondent in proceeding No.NA.No.1014/203/F1 dated 14.12.2023, quash the same and consequently direct the second respondent to consider the application of the petitioner in respect of the Sub Division of Plot Nos.25, 26, 27 and 28 of Kalaimagal Nagar, PPD/LO No.46 and 186/1989 Mangadu Village, Sriperumbudur Taluk, Kancheepuram District.
For Petitioner : Mr.S.I.Sharukumar
For Respondents For R1 & 3 : Mr.V.Manoharan, Additional Government Pleader For R2 : Mr.P.Srinivas For R4 : Mr.C.Manoharan, Standing Counsel
ORDER
T his writ petition has been filed challenging the order dated
14.12.2023 of the second respondent thereby returned the application for sub division approval.
Chacko and his wife. They own land in plot Nos.15, 16, 17, 26, 27 & 28 in the layout approved bearing No.146/89 comprised in survey No.376/2 of Kalaimagal Nagar in 42 Mangadu Village, Sriperumbudur Taluk,
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Kancheepuram District to an extent of 5 grounds and 600 sq.ft. The petitioner was asked to develop the said property and accordingly, the petitioner approached the fourth respondent for planning permission in respect of plot Nos.26, 27, 28 in order to develop the property by way of constructing flats. Accordingly, the petitioner was granted approval by order dated 02.09.1989. However, the said project could not be initiated and as such, once again the approval was renewed in the year 2015 by the fourth respondent and the same was also duly attested by the second respondent. The petitioners had paid requisite fees. The approval plan issued by the fourth respondent was valid till 2020. However, once again due to family circumstances, the approval could not be implemented. An amount which was paid to the tune of Rs.3,72,000/- in favour of the second respondent is still lying with the authority. Thereafter, the petitioner had applied for sub division of plot Nos.25, 26, 27 & 28 in order to effectively dispose it off to the prospective buyers. However, it was returned on the ground that there is encroachment in the 30 feet road. The petitioner had shown the road width as 30 feet. However, on inspection, there is encroachment in the 30 feet road.
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revealed that the layout in No.PPD/LO No.146/1989 was issued by the fourth respondent on 13.07.1989 for development of the lands of a total extent of 8093.60 sq.mtrs or 2 acres in survey Nos.375/3, 376/1, 376/2 in Mangadu Village. A total of 28 plots were marked out with one shop. As per the layout, two outer roads with width of 40 feet and two internal roads with width of 30 feet are available. It is set out as 30 feet road on the southern side, the actual availability of land belonging to the petitioners does not allow for the existence of the width of 30 feet. Now it is only with 17 feet width. The rest of the said street is classified as grama natham and third parties were issued patta. However, the learned counsel for the respondents submitted that if the petitioners resubmit application for sub division approval by showing the road as 17 feet width, it will be considered since the rule prescribes the requirements of access road as only 16 feet.
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to re-submit application for sub-divisional approval in the prescribed format before the second respondent by showing the access road with the width of 17 feet within a period of two weeks from the date of receipt of copy of this order and on receipt of the same, the second respondent is directed to consider the same and grant sub-division approval in accordance with the rules within a period of four weeks thereafter
Consequently, connected miscellaneous petition is closed. There shall be no order as to costs.
07.08.2024
Neutral citation:Yes/No Index: Yes/No Speaking/Non-speaking order lok
W.P.No.100 of 2024
G.K.ILANTHIRAIYAN, J.
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To
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1 issue framed by the court
Whether the sub-division approval application returned for encroachment on a 30 feet road should be reconsidered if resubmitted showing the actual 17 feet road width.
1 provisions across 1 enactments
Mr.S.Ramachandran
The Collector, Kancheepuram District
The Commissioner, Mangadu Municipality
The Tahsildhar, Sriperumbudur Taluk
The Member Secretary, Chennai Metropolitan Development Authority
G.K.Ilanthiraiyan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
