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2022 Supreme(Mad) 850

MUNISHWAR NATH BHANDARI, N.MALA
Mothees Baba @ Mothilal – Appellant
Versus
State of Tamil Nadu Rep. by its Principal Secretary to Government Housing and Urban Development UD4(1) Department, Chennai – Respondent


Advocates Appeared:
For the Petitioner: Karthikaa Ashok.
For the Respondents:P. Muthukumar, State Government Pleader, assisted by M. Alagu Gowtham, Government Advocate.

JUDGMENT :

Munishwar Nath Bhandari, J.

(Prayer: Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Declaration declaring the Rule 5(1) of the Tamil Nadu Regularisation of Unapproved Plots and Lay-out Rules 2017 and the G.O.No.16 Housing and Urban Development (UD4(1))Department dated 25.1.2021 passed by the respondents as illegal and unwarranted and unconstitutional and further direct the Respondents to Regularise the Petitioners Layout called Sun-City at Veerapandi Nagar and Veerapandi Village, Villupuram District as per the Tamil Nadu Regularisation of unapproved Plots Layout Rules, 2017 on obtaining necessary charges from the petitioners.)

The writ petition has been filed to challenge Rule 5(1) of the Tamil Nadu Regularisation of Unapproved Plots and Lay-out Rules 2017 (hereinafter referred to as - the Rules of 2017) and G.O.No.16 dated 25.01.2021 issued by the Housing and Urban Development (UD4(1))Department.

2. The learned counsel for the petitioner submits that there is a conflict between Rule 3 and Rule 5(1) of the Rules of 2017 and thus cannot coexist together and at the same time, Government Order dated 25.01.2021, fixing the extended time l

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