R JEYAPAL Vs. SATTUR MUNICIPALITY

JUDGEMENT

(1.) When the petitioner submits a plan for approval to the first respondent for constructing shopping complex in S.No.177/5 at Sattur Village, Virudhunagar District, the same was rejected by the first respondent in his proceedings dated 27.01.2003.

(2.) Aggrieved by the proceedings of the first respondent dated 27.01.2003, the petitioner has filed this writ petition for issuance of a Writ of Certiorarified Mandamus, to call for the records and to quash the same and also for a direction to the first respondent to grant planning permission to the petitioner.

(3.) Mr. D. Rajagopal, learned counsel appearing for the petitioner contends that the refusal of approval for construction of the shopping complex by the first respondent in the impugned proceedings is illegal and arbitrary in view of Section 38 of the Tamil Nadu Town and Country Planning Act (hereinafter referred to as "the Act")