Disposed

C.Ananthakumar v. the Registrar General

Madras HC21 Nov 2024WP/12967/2024

Case brief

AI extract

What is this about?

Writ petition challenging a Municipality's 2018 no objection concerning land. The Municipality cancelled the underlying resolution, leaving nothing to adjudicate. The Court disposed of the petition, directed sanction of funds for judicial officers' quarters, a revised PWD estimate within two weeks, and notice procedure for any change in land use.

What did the court decide?

Petition disposed of; impugned no objection stands cancelled by Municipality; directions issued for sanctioning funds, revised estimate within two weeks, and notice-and-objection process before any ch

C.Ananthakumar Vs the Registrar General — Municipal and Town Planning | Madras HC (2024)

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W.P.No.12967 of 2024

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 21.11.2024

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CORAM :

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THE HON'BLE MR.K.R.SHRIRAM, CHIEF JUSTICE

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AND

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THE HON'BLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY

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W.P.No.12967 of 2024

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and W.M.P.Nos.14127 and 14131 of 2024

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C.Ananthakumar ... Petitioner

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-vs-

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The Registrar General High Court Madras, Chennai 600 104.

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The District Collector, Erode District, Erode.

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The Commissioner, Gobichettipalayam Municipality, Erode,

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The Chief Secretary, Government of Tamil Nadu, Secretariat, Chennai 600 009.

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The Principal Secretary to Government, Municipal Administration and Water Supply Department, Secretariat, Chennai 600 009.

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Page 1 of 7

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https://www.mhc.tn.gov.in/judis

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W.P.No.12967 of 2024

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(RR4 and 5 suo motu impleaded as per order dated 22.08.2024 in WP.)

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... Respondents

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Prayer : Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of certiorari to call for the entire records on the file of the 3rd respondent pertaining to the no objection issued dated 25.06.2018 in Na.Ka.No.1843/2018/F1 and quash the same.

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For Petitioner : Ms.M.Sneha for Mr.M.A.Vimalmohan For Respondents : Mrs.N.K.Kanthimathi for R-1 : Mr.A.Edwin Prabakar State Govt. Pleader Assisted by Mr.Karthik Jegannath, Govt. Advocate, for RR 2, 4 & 5 : Mr.Haja Nazirudeen, Addl. Adv. General Assisted by Mr.B.Anand, for R-3 : Mr.t.Sathyamoorthi for r-6 * * * * *

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ORDER

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(Order of the Court was made by the Hon'ble Chief Justice)

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Further to our order dated 05.11.2024, respondent No.6, that is, Gobichettipalayam Municipality has passed a resolution on 11.11.2024

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Page 2 of 7

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https://www.mhc.tn.gov.in/judis

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W.P.No.12967 of 2024

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cancelling the resolution No.946 dated 07.08.2024 under Section 164 in Chapter IV of the Tamil Nadu Urban Local Bodies Act, 2023. The No Objection that has been cancelled is dated 25.06.2018 bearing RC.No.1843/2018/F1, copy whereof is annexed to the affidavit in support of the petition. Counsel for petitioner states that in view thereof, nothing will survive in the petition.

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At this stage, Ms.Kanthimathi appearing for respondent No.1, the Registrar General of this Court, states that a proposal was submitted way back in June 2020 to the Government to sanction amount towards construction of quarters for III Additional District Judge at Gobichettipalayam in Erode District and Judicial Magistrate (FTCMagisterial level) at Thiruthuraipoondi in Tiruvarur District, instead of construction of five Judicial Officers quarters in the old court campus at Pasupathipalayam, Karur. Ms.Kanthimathi states that due to Covid Pandemic, nothing was done, but now the impugned 'no objection' having been cancelled and the Covid Pandemic is an event of past, there is no impediment to the Government to immediately sanction the amount as

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___________ Page 3 of 7_

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https://www.mhc.tn.gov.in/judis

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W.P.No.12967 of 2024

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escalation.

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requested in the communication dated 27.09.2019 together with escalation.

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Mr.Prabakar states that the proposal was returned to the High Court, vide communication dated 16.06.2020 and his instructions are that the High Court has not reverted thereafter.

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Ms.Kanthimathi states that instead of going into the issue as to whether any further communication was sent, etc., the entire proposal set will be handed over to Mr.Prabakar before the end of this week. Mr.Prabakar states, as soon as he receives the same, he shall forward it to the Additional Chief Secretary to Government, Home (CTS-III) Department for processing the same expeditiously.

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We also direct the Government, the Chief Secretary and the Additional Chief Secretary, Home (CTS-III) Department to start processing

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Page 4 of 7

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https://www.mhc.tn.gov.in/judis

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W.P.No.12967 of 2024

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the papers and ensure that funds are sanctioned at the earliest. Ms.Kanthimathi states that the Public Works Department is yet to submit a revised estimate, the request for which was made on or about 08.04.2024. The Chief Engineer of Public Works Department is directed to submit the revised estimate within two weeks from today.

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As regards the land in question, for which the petition was filed, if the Municipality ever proposes to change the use, it shall issue notice in two newspapers, in English and Tamil language, circulated in Erode area, inviting objections and give at least four weeks' time to any person to file objections. Further decision can be taken only after considering the objections and hearing the objectors.

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With the aforesaid observation, the writ petition is disposed of. There shall be no order as to costs. Consequently, the interim applications are closed.

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(K.R.SHRIRAM., CJ.) (SENTHILKUMAR RAMAMOORTHY, J.) 21.11.2024

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___________ Page 5 of 7_

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https://www.mhc.tn.gov.in/judis

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W.P.No.12967 of 2024

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Index : Yes/No NC : Yes/No

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sra

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___________ Page 6 of 7_

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https://www.mhc.tn.gov.in/judis

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W.P.No.12967 of 2024

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THE HON'BLE CHIEF JUSTICE

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AND SENTHILKUMAR RAMAMOORTHY,J.

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(sra)

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To:

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The Registrar General High Court Madras, Chennai 600 104.

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The District Collector, Erode District, Erode.

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The Commissioner, Gobichettipalayam Municipality, Erode,

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The Chief Secretary to Government of Tamil Nadu, Secretariat, Chennai 600 009.

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The Principal Secretary to Government, Municipal Administration and Water Supply Department, Secretariat, Chennai 600 009.

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W.P.No.12967 of 2024

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21.11.2024

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___________ Page 7 of 7_

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https://www.mhc.tn.gov.in/judis

C.Ananthakumar v. the Registrar General

Case brief

What is this about?

What did the court decide?

C.Ananthakumar v. the Registrar General

Case brief

What is this about?

What did the court decide?

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