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    Khivraj Housing Pvt. Ltd. v. Govt. Of T.N.

    Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the first respondent to grant permission on petitioner application dated 10.8.2011 for the grant permission to construction activities to the property situated at S. No. 1/1A Pt. 1/1B Pt, = Pt, 1/3 Pt. 2/1A Pt, 2/1B Pt. 3/1A, 3/1B, 3/1C, 3/2, 6, 138/1 Pt, 138/2B Pt, 139 Pt, 140 Pt, 141/1 Pt, 141/2 Pt, 145/1A Pt, 146, 147/1A and 147/1B of Thiruneermalai Village, Alandur Taluk, Kancheepuram District in accordance with the Ancient Monuments and Archaeological sites and Remains (Amendment and Validation) Act 2010.

    ORDER

    This Writ Petition is filed praying to issue a Writ of Mandamus, directing the first respondent to grant permission on petitioner's application dated 10.8.2011 for grant of permission to construction activities to the property situated at S. No. 1/1A Pt. 1/1B Pt, = Pt, 1/3 Pt. 2/1A Pt, 2/1B Pt. 3/1A, 3/1B, 3/1C, 3/2, 6, 138/1 Pt, 138/2B Pt, 139 Pt, 140 Pt, 141/1 Pt, 141/2 Pt, 145/1A Pt, 146, 147/1A and 147/1B of Thiruneermalai Village, Alandur Taluk, Kancheepuram District in accordance with the Ancient Monuments and Archaeological sites and Remains (Amendment and Validation) Act 2010.

    2. Mr. R. Vijayakumar, learned Additional Government Pleader takes notice on behalf of the first respondent. Thiru K. Raja Srinivas, learned counsel takes notice on behalf of the second respondent. By consent, the writ petition is taken up for final disposal.

    3. On 10.8.2011, petitioner has caused a representation to the first respondent for permission to construct a residence-cum-school complex. According to the second respondent, the said area falls under protected area in accordance which the Ancient Monuments and Archaeological Sites and Remains (Amendment and Validation) Act, 2010. The representation dated 10.8.2011 was acknowledged and a reply letter dated 5.9.2011 has been sent by the Administrative Officer for Superintending Archaeologist stating that the issue is pending before the first respondent. The mandamus is filed to direct the said authority to consider the said claim expeditiously.

    4. The Additional Government Pleader states that the representation of the petitioner, if not already disposed, it will be considered by the authority on merits as may be directed by this Court.

    5. In view of the prayer sought for and the submission made by the learned Additional Government Pleader, the first respondent is directed to consider the representation/request of the petitioner on merits and in accordance with law expeditiously, preferably within a period of four weeks from the date of receipt of a copy of this order.

    6. The Writ Petition is disposed of as above. No costs. Consequently, connected miscellaneous petition is closed.

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    Khivraj Housing Pvt. Ltd. v. Govt. Of T.N.
    (Apr 25, 2012)