Shahida Bi v. The Member Secretary

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.03.2025

CORAM:

THE HONOURABLE MR. JUSTICE J. SATHYA NARAYANA PRASAD and WMP.No.5960 of 2022 1.Ms.Shahida Bi 2.Nazir Ahmed .. petitioners vs 1.The Member Secretary Hosur New Town Development Authority 35/A, 1st Floor Nethaji Road, Hosur - 635 109.

2.The Commissioner Hosur Municipal Corporation Bagalur Road, opp to Thillai Nagar Hosur 635 109.

3.The Revenue Divisional Officer Sub Collector Office campus Denkanikotta Road, Hosur - 635 109 4.The District Collector (chairman HNTDA) Collectorate, Krishnagiri - 635 115.

5.M.Arumugam @ M.Anandha Murthy 6.A.TamilSelvi 7.A.Anitha 1/5

8.P.Prabhu ... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India, praying to issue a Writ of Prohibition directing the respondents 1 to 4 from passing any orders of approval or regularisation, till the disposal of the writ petition and pass such further or other orders. For Petitioner : Mr.R.Narayanan For Respondents : Mr.TNC.Kaushik, AGP for R3 & R4 Mr.N.Subbarayalu for R2.

Mr.J.Franklin, for R5.

No appearance for R1, R6 to R8.

O R D E R

This writ petition has been filed to direct the respondents 1 to 4 from passing any orders of approval or regularisation.

2. The learned standing counsel for the 2nd respondent/corporation has filed counter affidavit dated 05.03.2025, the relevant paragraph is extracted hereunder :- "4.It is submitted that no application received from the respondent 5 to 8 either for changing the classification of land from agriculture to residential or 2/5

for approval and regularisation of the layout. Even if any application received from the respondents 5 to 8, this respondent would consider in accordance with the provision of the Tamil Nadu Town and Country planning Act 1971 and its rules.

5. It is respectfully submitted that prayer in the writ petition is not maintained as its premature and seeking for blanket order that too not to pass any order for approval or regularisation under writ of prohibition. Writ of prohibition may not invoke under article 226 of the constitution of India against the administrative officers of the local body and director of Tamil Nady Town and Country planning, doing statutory function and therefore writ petition is liable to be dismissed."

3. Heard the rival submissions made on both sides and perused the materials available on record.

4. In view of the above statement made in paragraph 4 of the counter affidavit filed by the second respondent. This writ petition is closed. No 3/5

costs. Consequently, connected miscellaneous petition is closed. 11.03.2025 Speaking order / Non-speaking order Index : Yes / No : Yes / No tsh To 1.The Member Secretary Hosur New Town Development Authority 35/A, 1st Floor Nethaji Road, Hosur - 635 109.

2.The Commissioner Hosur Municipal Corporation Bagalur Road, opp to Thillai Nagar Hosur 635 109.

3.The Revenue Divisional Officer Sub Collector Office campus Denkanikotta Road, Hosur - 635 109 4.The District Collector (chairman HNTDA) Collectorate Krishnagiri - 635 115.

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J. SATHYA NARAYANA PRASAD , J.

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