A.K. FAZULLAH KHAN Vs. THE DISTRICT COLLECTOR

JUDGEMENT

(1.) IN this writ petition, petitioner seeks writ of mandamus directing the 4th respondent to consider appeal petition dated 22.09.2011 and to grant building plan approval for construction of a place of worship for Muslims at the property of an extent of 2450 sq.ft of land bearing Plot No. 6 at Karuppathal Layout in Survey No. 264/Part in Telungupalayam village, P.N. Pudur, Coimbatore North Taluk, Coimbatore. The petitioner has applied for building plan licence with the 2nd respondent for construction of building in the property in Plot No. 6 at Karuppathal Layout in Survey No. 264/Part in Telungupalayam village, P.N. Pudur, Coimbatore North Taluk, Coimbatore. The application of petitioner dated 9.6.2011 seeking for building plan licence was rejected by the 2nd respondent in the order dated 16.8.2011. As against the said refusal order, the petitioner is said to have preferred appeal (dated 22.9.2011) before the 4th respondent Director, Town and Country Planning. In this writ petition, petitioner seeks writ of mandamus to direct the 4th respondent to consider his appeal petition dated 22.9.2011 and to grant building plan approval for construction of the building.

(2.) HEARD Ms. AL. Ganthimathi, learned counsel appearing for the petitioner and Ms. T.P. Savitha, learned Government Advocate appearing for respondents 1, 3 and 4.

(3.) SECTION 453 of the Act reads as under: