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IN THE HIGH COURT OF JUDICATURE AT MADRAS
S.M.SUBRAMANIAM, MOHAMMED SHAFFIQ, JJ
The Commissioner Udhagamandalam Municipality, Udhagamandalam, Nilgiris – Appellant
Versus
C.P.Mathan – Respondent
| Table of Content |
|---|
| 1. introduction of case background and application details. (Para 1 , 2 , 3) |
| 2. arguments regarding the applicability of the master plan vs specific municipal acts. (Para 4 , 5 , 6) |
| 3. court's examination of legislative provisions and their implications. (Para 7 , 8) |
| 4. final ruling based on statutory interpretation and overriding purposes. (Para 9) |
JUDGMENT
(Judgment of the Court was made by S.M.SUBRAMANIAM, J.)
Writ Order dated 04.09.2020 in W.P.No.10327 of 2020 is under challenge in the present intra court appeal instituted by the Commissioner, Udhagamandalam Municipality. Respondents filed the writ petition seeking a direction to grant building permission/ license to the writ petitioner in online application No.20190101012283 dated 09.09.2019 strictly in accordance with the revised Master Plan 2011 issued vide G.O.Ms.No.50 Housing and Urban Development Department dated 25.02.2011 and Review Approved Master Plan dated 01.04.2014.
2. After passing of the writ order impugned on 04.09.2020, online application filed by respondents on 09.09.2019 was rejected by the Appellant/ Commissioner, Udhagamandalam Municipality vide proceedings dated 22.03.2021.
3. Respondents submitted
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