Monthy v The Town and Country Planning Authority (MC 36/2017) [2017] SCSC 601 (23 June 2017);

Headnote and Holding: 

Application for leave to review the decision of the Town and Country Planning Authority granted.

 

[1]        This is an Application for leave to seek Judicial Review registered on 30th day of May 2017.

 

[2]        Learned Counsel moved the Court in terms of the Application, for an Order granting him leave to proceed with an Application for Judicial Review.

 

[3]        The Application for leave is accompanied by an attached Application for Exercise of Supervisory Jurisdiction under Article 125 (c) of the Constitution of the latter date, as supported by an attached Affidavit of the Applicant of the 9th day of May 2017.

 

[4]        Attached I note is also a copy of the decision sought to be canvassed.

 

[5]        Having perused the documents, I am satisfied that the Application complies with the rules in that:

 

  1. the Application is made pursuant to Rules 2 (1) of the Supreme Court (Supervisory Jurisdiction over Subordinate Courts, Tribunals and Adjudicating Authorities) Rules, 1995 (the Rules);
  2. the Application complies with the provisions of Rule 2 (2) of the above Rules;
  3. the Application complies with Rule 3 of the Rules;
  4. the Application has been made within the three months’ time limit as provided in Rule 4;
  5. it satisfies the Court that the Applicant has sufficient interest in the matter and that this Application is made in good faith as provided in Rule 6 (1).

 

            [6]        On the basis of the above I hereby grant leave for the matter to proceed.                                        

            [7]        I hereby further direct that notice be served on the Respondent together with the application, affidavit and all connected documents and exhibits as filed in accordance with Rule 9 of the Rules.

 

            [8]        I direct that objections in writing accompanied by an affidavit in support are to be filed within six weeks of service (unless the Court orders otherwise) as provided by Rule 12.

           

 

            [9]        The Respondent is further directed to forward all relevant records to the Court as provided in Rule 10.

 

 

            Signed, dated and delivered at Ile du Port on 23rd day of June 2017.

 

 

 

 

 

            Laura Pillay

            Judge of the Supreme Court

 

Flynote tags local: