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Madras High CourtWP/7497/2025disposed of

Sampoornam v. The Director Of Town And Country Planning

2025-03-05Honourable Mr Justice J.Sathya Narayana Prasad6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 05.03.2025

CORAM

THE HON'BLE MR.JUSTICE J.SATHYA NARAYANA PRASAD and WMP.No.8396 of 2025 1.Sampooranam 2.Saroja 3.Palaniammal 4.Gunasekaran 5.Kozhanthasamy ... Petitioners vs.

1. The Director of Town and Country Planning, E & C Market Road, Koyambedu, Chennai 600 107.

2. The Deputy Director, of Town and Country Planning, Sambath Nagar, Erode 11.

3. M.D.Eswaran 4.M.R.Chandrasekaran 5.E.C.Kolandaivelu 6.K.Manickam .. Respondents Page No.1 of 6

Writ Petition filed under Article 226 of the Constitution of India for issuance of a writ of Mandamus directing the respondent to consider the petitioner's representation dated 13.09.2024 sent from cancelling the layout approval granted in respect of the lands measuring 1.47 acres, 0.07 acres, 1.71 acres, 4.65 acres, 3.50 acres, 1.01 acres and 1.42 acres, admeasuring 19.49 acres in Old S.F.Nos.303, 325, 369, 363, 321, 371, 375 and 377, R.S.Nos.368, 369, 371, 372, 375, 376, 376/6 and 376/2 respectively situated at Vadamugam Vellodu Village, Perundurai Taluk, Erode District in accordance with law and within a stipulated period. For Petitioner : Mr.K.Govi Ganesan For Respondents : Mr.M.Rajendiran Addl.Govt.Pleader

ORDER

Consent of both the parties, this writ petition is disposed of at the time of admission stage itself.

2. The present writ petition has been filed to direct the respondents to consider the petitioners' representation dated 13.09.2024 sent from cancelling the layout approval granted in respect of the lands measuring 1.47 acres, 0.07 acres, 1.71 acres, 4.65 acres, 3.50 acres, 1.01 acres and Page No.2 of 6

1.42 acres, admeasuring 19.49 acres in Old S.F.Nos.303, 325, 369, 363, 321, 371, 375 and 377, R.S.Nos.368, 369, 371, 372, 375, 376, 376/6 and 376/2 respectively situated at Vadamugam Vellodu Village, Perundurai Taluk, Erode District in accordance with law and within a stipulated period.

3. It is the case of the petitioners that they are the co-owners with the private respondents herein which are their ancestral properties. One of the co-owner without consent has sold the property and layout has been formed and approved. The petitioners have filed O.S.No.209 of 2024 on the file of the Principal District Court, Erode for partition and separate possession, declaration and injunction and the same is pending. Based on the forged sale deed, the purchasers have laid into housing plots and filed an application before the Official respondents for approval. Thereafter, the authorities have granted approval on 01.03.2024 vide Proceedings in Roc.No.DJ3YHH50/2024/TCP.

Hence, the petitioners sent a representation dated 13.09.2024 to the respondents 1 & 2 and the same was not considered till date. Hence, the petitioners have filed the present writ petition.

Page No.3 of 6

4. The learned counsel appearing for the petitioners submitted that the respondents 3 to 6 submitted forged documents and hence the petitioners have given the representation to cancel the layout plan for approval based on the documents.

5. The learned Additional Government Pleader appearing for the respondents 1 to 3 submitted that the representation of the petitioners dated 30.09.2024 will be considered on merits in accordance with law that may be stipulated by this Court.

6. Heard the learned counsel appearing on either side and also perused the materials available on records.

7. In view of the above submissions made by the learned counsel on either side, the second respondent is directed to consider the representation of the petitioners dated 30.09.2024 after giving due notice to the petitioners as well as the respondents 3 to 6, affording an opportunity of personal hearing, on merits, in accordance with law and Page No.4 of 6

pass appropriate orders, within a period of eight weeks from the date of receipt of a copy of this order.

This writ petition stands disposed of with the above observation and direction. No costs. Consequently, connected miscellaneous petition is closed.

05.03.2025 Index : Yes/No.

Internet : Yes/No.

Speaking : Non-speaking Order kkd To

1. The Director of Town and Country Planning, E & C Market Road, Koyambedu, Chennai 600 107.

2. The Deputy Director, of Town and Country Planning, Sambath Nagar, Erode 11.

Page No.5 of 6

J.SATHYA NARAYANA PRASAD,J.

kkd 05.03.2025 Page No.6 of 6