Madras High CourtWP/2881/2025disposed of with direction

K.Krishnan v. State Of Tamil Nadu

2026-06-02Honourable Mr Justice M.Dhandapani10 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 05-06-2026

CORAM

THE HON'BLE MR JUSTICE M.DHANDAPANI K.Krishnan S/o. Kandhasamy, No.3/83, Obilinaickanpatti Village, Morappur Post, Harur Taluk, Dharmapuri District- 636 705.

..Petitioner(s) Vs.

1. State Of Tamil Nadu Rep. By its Secretary Agricultural Department, Secretariat, St. George Fort, Chennai- 642 009.

2. The Director Directorate Of Town And Counter Planning, CMDA Office Complex, E And C Market Road, Koyembedu Chennai -107.

3. The Joint Director Agricultural Department, Collectorate, Dharmapuri District- 636 705.

4. R.Velu S/o.Raji Goundar, A.Vellampatty, H. Agraharam, Harur Taluk, Dharmapuri District- 636 903.

5. M/s.R.N. Fabricators Rep By It Partner K.Nagarajan, No.24, Elayanallore Road, Melmanthangal Village, Kugayanallore Post, Thiruvalam- 632 515.

..Respondent(s)

For Petitioner(s):

Mr.R.Nandha Kumar For Respondent(s):

Mr.M.Sivavarthanan, Government Counsel for R1 to R3 Mr.Suresh for M/s.Shivakumar & Suresh for R4 No Appearance for R5

ORDER

Today this matter has been listed at the instance of the learned counsel for the petitioner under the caption "for being mentioned."

2. Heard the learned counsel appearing for the petitioner.

3. The learned counsel for the petitioner submitted that in the order dated 02.06.2026, the year of the Securitisation appeal has been inadvertently mentioned as 2002 instead of 2022 i.e., in paragraph Nos.2, 4 & 5 and hence, he prayed this Court to carry out the necessary correction in the order passed by this Court in W.P.No.2881 of 2025 on 02.06.2026 and issue a fresh copy of the amended order.

4. Considering the submissions made by the learned counsel for the petitioner, Registry is directed to carry out the necessary amendments as stated

above in the order dated 02.06.2026 and issue a fresh amended copy of the order to the parties concerned.

05-06-2026 DP Note: Issue order copy on 05.06.2026 To

1. State Of Tamil Nadu Rep. by its Secretary Agricultural Department, Secretariat, St. George Fort, Chennai- 642 009.

2. The Director Directorate Of Town And Counter Planning, CMDA Office Complex, E And C Market Road, Koyembedu, Chennai -107.

3. The Joint Director Agricultural Department, Collectorate, Dharmapuri District- 636 705.

M.DHANDAPANI, J.

DP 05-06-2026

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 02-06-2026

CORAM:

THE HON'BLE MR JUSTICE M.DHANDAPANI W.P.No.2881 of 2025 and W.M.P.No.13878 of 2026 K.Krishnan S/o. Kandhasamy, No.3/83, Obilinaickanpatti Village, Morappur Post, Harur Taluk, Dharmapuri District- 636 705.

..Petitioner Vs

6. State Of Tamil Nadu Rep By Its Secretary Agricultural Department, Secretariat, St. George Fort, Chennai- 642 009.

7. The Director Directorate Of Town And Counter Planning, Cmda Office Complex, E And C Market Road, Koyembedu Chennai -107.

8. The Joint Director Agricultural Department, Collectorate, Dharmapuri District- 636 705.

9. R.Velu S/o.Raji Goundar, A.Vellampatty, H.

Agraharam, Harur Taluk, Dharmapuri District636 903. 10.M/s.R.N. Fabricators Rep By It Partner K.Nagarajan, No.24, Elayanallore Road, Melmanthangal Village, Kugayanallore Post, Thiruvalam- 632 515.

..Respondents

PRAYER: Writ Petition filed under Article 226 of the Constitution of India calling for records in pertaining to impugned communication dated 19.08.2024 on the file of the 3rd Respondent and to quash the same and consequently direct the 3rd Respondent to issue No Objection certificate for obtaining DTCP approval for the petitioner lands in S.F. No. 77/4 (measuring 2.09 acres), S.F. No. 73/3 (measuring 1.60 acres) and S.F. No. 73/2 (measuring 2.91 acres) totally measuring 6.60 acres situated at A. Vellampatti Village, Harur Taluk, Dharmapuri District.

For Petitioner:

Mr.R.Nandha Kumar For Respondents:

Mr.M.Sivavarithanan, Govt. Counsel For RR 1 to 3 Mr.Suresh for M/s Shivakumar & Suresh For R4 No Appearance for R-5 ***

O R D E R

The petitioner by virtue of registered Sale Deed dated 26.10.2023 bearing Doc.No.7153 of 2023, along with three other, jointly purchased the lands in S.F.No.77/4 (measuring 2.09 acres), S.F.No.73/3 (measuring 1.60 acres) and S.F.No.73/2 (measuring 2.91 acres) totally measuring 6.60 acres situated at A.Vellampatti Village Harur Taluk, Dharmapuri District from the fifth respondent for a valid consideration. Initially, through Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act (SARFAESI) proceedings, the fifth respondent has purchased the said property, owned by the fourth respondent, under e-auction held on 16.11.2021 by the

Union Bank of India, Coimbatore Branch and also obtained a sale certificate on 12.07.2022.

2. Subsequently, the petitioner along with three others, who are the bonafide purchasers of the above said properties, made applications to the concerned department/ authorities, including the 2nd respondent to obtain necessary approval to form layout in the above said lands. They also made an application to the third respondent department on 21.12.2023 to provide No Objection Certificate (NOC) in accordance with the guidelines prescribed. The third respondent, vide communication dated 19.08.2024, has stated that a legal notice was sent to the fourth respondent, regarding the pendency of Securitisation Appeal Nos.1002 & 756 of 2002 before the Debt Recovery Tribunal, Coimbatore and therefore, the requested 'No Objection Certificate' (NOC) shall be issued based on the outcome of the cases pending before the Tribunal. Aggrieved against the denial of granting of 'No Objection Certificate' (NOC) by the third respondent, the petitioner has preferred the present writ petition.

3. Heard the learned counsel for the petitioner and perused the materials placed before this Court.

4. This Court, without going into the merits of the case, shall issue a direction to the Debt Recovery Tribunal, Coimbatore to dispose of

Securitisation Appeal Nos.1002 & 756 of 2002 and other connected applications, after providing opportunity to the fourth and fifth respondents. The learned counsel appearing for the fourth respondent raised no objections for the early disposal and the same is recorded.

5. In view of the same, the Debt Recovery Tribunal, Coimbatore is directed to dispose of Securitisation Appeal Nos.1002 & 756 of 2002 within a period of six(06) weeks from the date of receipt of a copy of this order. Accordingly, the Writ Petition stands disposed of. No costs. Consequently, connected miscellaneous petition stands closed. It is also made clear that subject to the outcome of proceedings in Securitisation Appeal Nos.1002 & 756 of 2002, liberty is granted to the petitioner as well as the respondents to workout their remedies in the manner known to law.

02-06-2026 Note:

1) Issue Order Copy on 02.06.2026

2) Registry is directed to communicate the copy of this order to the Debt Recovery Tribunal, Coimbatore Index: Yes/No Speaking/Non-speaking order sts

4. State Of Tamil Nadu Rep By Its Secretary Agricultural Department, Secretariat, St. George Fort, Chennai- 642 009.

5. The Director Directorate Of Town And Counter Planning, Cmda Office Complex, E And C Market Road, Koyembedu Chennai -107.

6. The Joint Director Agricultural Department, Collectorate, Dharmapuri District- 636 705.

7. R.Velu S/o.Raji Goundar, A.Vellampatty, H.

Agraharam, Harur Taluk, Dharmapuri District636 903.

8. M/s.R.N. Fabricators Rep By It Partner K.Nagarajan, No.24, Elayanallore Road, Melmanthangal Village, Kugayanallore Post, Thiruvalam- 632 515.

M.DHANDAPANI J.

sts Order made in W.P.No.2881 of 2025 Dated:

02-06-2026