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Madras High CourtWP/7775/2025disposed of

R.Narayanan v. The District Collector And

2025-07-10Honourable Mrs.Justice N. Mala8 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.07.2025 CORAM :

THE HONOURABLE MRS. JUSTICE N.MALA Writ Petition No.7775 of 2025 and W.M.P.No.8731 of 2025 R.Narayanan ... Petitioner Vs.

1.The District Collector & Inspector of Panchayats, Chengalpet District, Chengalpet.

2.The Revenue Divisional Officer/Sub-Collector, Chengalpet Revenue Division, Chengalpet, 3.The Assistant Director, Town and Country Planning, New Collectorate Complex, Chengalpet District, Chengalpet - 603 111.

4.The Block Development Officer, Village Panchayat, Thiruporur Panchayat Union, Thiruporur, 5.The President, Thiruvidanthai Village Panchayat, Thiruvidanthai, Page No.1 of 8

Thiruporur Panchayat Union, 6.The President, Kovalam Village Panchayat, Kovalam, Thiruporur Panchayat Union, 7.The Superintending/Executive Engineer, TANGEDCO/TNEB, Distribution and Maintenance (O & M), Chengalpet Division, 8.The Assistant Engineer, TANGEDCO/TNEB, Distribution and Maintenance (O & M), Kovalam - 603 112, Thiruporur Taluk, 9.The Director, Coastal Aqua Culture Authority, Integrated Office Complex for Animal Husbandry & Fishery Department, Nandanam, Chennai - 600 035.

10.The Member Secretary, Tamil Nadu State Coastal Zone, Management Authority & Director, Department of Environment & Climate Change, Panagal Building, Saidapet, Chennai - 600 015.

... Respondents PRAYER: Writ Petition filed under Article 226 of Constitution of India Page No.2 of 8

praying for issuance of Writ of Mandamus directing the respondents 1, 3 to 6 to grant building plan approval under the Tamil Nadu Combined Development and Building Rules, 2019 to the petitioner's property in S.No.349/4, Semmencherry Kuppam, Thiruvadanthai Village, Thiruporur Taluk, Chengalpet District based on his application dated 14.02.2025 and consequently direct the 9th respondent to grant permission for establishing L.Vannamei Shrimp Hatchery based on the application of the petitioner dated 25.02.2025.

For Petitioner : Mr.M.R.Jothimanian For Respondents 1 to 3 & 10 : Mr.N.Naveen Kumar, Government Advocate For Respondents 4 to 6 : M/s.E.Ranga Nayaki, Additional Government Pleader For Respondents 7 & 8 : Mr.L.Jaivenkatesh For Respondent 9 : Mr.V.Chandrasekaran, Standing Counsel

O R D E R

The petitioner has filed this petition to direct the respondents 1, 3 to 6 to grant building plan approval under the Tamil Nadu Combined Development and Building Rules, 2019 to the petitioner's property in Page No.3 of 8

S.No.349/4, Semmencherry Kuppam, Thiruvadanthai Village, Thiruporur Taluk, Chengalpet District based on his application dated 14.02.2025 and consequently direct the 9th respondent to grant permission for establishing L.Vannamei Shrimp Hatchery based on the application of the petitioner dated 25.02.2025.

2. The petitioner and his wife, N.Abiramni, purchased 17 cents of land with an existing 4200 sq.ft. building in Semmencherry Kuppam, Chengalpet District, on 05.07.2023 to establish a shrimp hatchery named "Umino Aqua" aimed at supporting the fishermen community. The property was previously used for hatchery purposes by the earlier owner, and the petitioners sought to continue similar activities under the Coastal Aquaculture Authority (Amendment) Act, 2023. Although they applied for building plan approval on 14.02.2025 and submitted a request for hatchery permission on 25.02.2025, jurisdictional disputes between the respondents 5 & 6 have delayed approvals, affecting their hatchery operations. Despite the area being a "No Development Zone" with many existing constructions, the 10th respondent issued stop orders on 05.11.2024 and 12.12.2024, interfering with their renovation work, even though the petitioner followed due process and Page No.4 of 8

submitted multiple representations to various authorities seeking relief.

3. Though many grounds have been raised in this writ petition, learned counsel for the petitioner submitted that it would suffice, if this Court issues direction to the respondents 1, 3 & 6 to consider the petitioner's application dated 14.02.2025 for building plan approval and pass appropriate orders on merits and in accordance with law, within a time frame to be fixed by this Court.

4. Learned Government Advocate appearing for the respondents 1 to 3, 6 has no objection for the said order being passed by this Court.

5. Heard the learned counsel on either side and perused the materials available on record.

6. Considering the limited relief sought for by the learned counsel for the petitioner, this Court without going into the merits of the case, directs the respondents 1 to 3 & 6 to consider the petitioner's application dated 14.02.2025 for building plan approval, after giving due notice to the Page No.5 of 8

petitioner, affording an opportunity of personal hearing and considering the documents filed by the petitioner and pass appropriate orders on merits and in accordance with law, within a period of six weeks from the date of receipt of a copy of this order.

7. The order of status-quo as on date in regard to electricity connection alone is extended till then.

8. With the aforesaid observation and direction, this writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is also closed.

10.07.2025 Index :

Yes/No Speaking Order :

Yes/No :

Yes/No To:

1.The District Collector & Inspector of Panchayats, Chengalpet District, Chengalpet.

2.The Revenue Divisional Officer/Sub-Collector, Page No.6 of 8

Chengalpet Revenue Division, Chengalpet, 3.The Assistant Director, Town and Country Planning, New Collectorate Complex, Chengalpet District, Chengalpet - 603 111.

4.The Block Development Officer, Village Panchayat, Thiruporur Panchayat Union, Thiruporur, 5.The President, Thiruvidanthai Village Panchayat, Thiruvidanthai, Thiruporur Panchayat Union, 6.The President, Kovalam Village Panchayat, Kovalam, Thiruporur Panchayat Union, N.MALA.,J.

Vm/gv 7.The Superintending/Executive Engineer, TANGEDCO/TNEB, Distribution and Maintenance (O & M), Chengalpet Division, Page No.7 of 8

8.The Assistant Engineer, TANGEDCO/TNEB, Distribution and Maintenance (O & M), Kovalam - 603 112, Thiruporur Taluk, Writ Petition No.7775 of 2025 and W.M.P.No.8731 of 2025 9.The Director, Coastal Aqua Culture Authority, Integrated Office Complex for Animal Husbandry & Fishery Department, Nandanam, Chennai - 600 035.

10.The Member Secretary, Tamil Nadu State Coastal Zone, Management Authority & Director, Department of Environment & Climate Change, Panagal Building, Saidapet, Chennai - 600 015.

10.07.2025 Page No.8 of 8