Madras High CourtWMP/8958/2023dismissed

Dr.V.Pandiyan, v. The Director Of Town And Country Planning,

2026-04-24Honourable Dr Justice G. Jayachandran,Honourable Mr.Justice N.Senthilkumar6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 24-04-2026

CORAM:

THE HONOURALE Dr.JUSTICE G. JAYACHANDRAN AND THE HONOURABLE MR.JUSTICE N.SENTHILKUMAR in REV.APLW.S.R.NO. 34911 OF 2023 in W.P.No.16508 of 2021 --- Dr.V.Pandiyan, S/o.ID. Velayudham, No.16, Sundarrajan Nagar, Villupuram 605 602.

..Petitioner Vs.

1. The Director of Town and Country Planning, O/o. Town and Country Planning, Anna Salai, Chennai 600 002.

2. The Commissioner of Municipal Administration, Municipal Administration Department, Ezhilagam Annex, 6th Floor, Chepauk, Chennai 600 005.

3. The Assistant Director of Town and Country Planning, Villupruam Region, TADCO Building G.H.Road, Villupuram 605 602.

4. The Commissioner, Villupuram Municipality, No.734, PJN Road, Villupuram 605 602.

5. The Chief Educational Officer, Moovendar Nagar, Vilupuram 605 602.

6. V.Chozhan, Correspondent, VRP Higher Secondary School, No.17-A, Ranganathan Road, Villupuram 605 602.

..Respondents W.M.P.No.8958 of 2023 in Rev.A.S.R.No.34911 of 2023 in W.P.No.16508 of 2021 is filed under Section 5 of the Limitation Act, praying to condone the delay of 21 days in filing the Review Application. Rev.A.S.R.No.,34911 of 2023 is filed under Order XLVII Rule 1 read with Section 144 CPC, praying to Review the Order dated 22.12.2022 made in W.P.No.16508 of 2021.

W.P.No.16508 of 2021 is filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus to direct the respondents to take appropriate action against the unauthorised constructions made by the 6th respondent in Town Survey No.75, 76/1, 76/2, Ward A, Block 16, Villupuram Town and District, for VRP School, No.17-A, Ranganathan Road, Villupuram District.

For Petitioner(s):

Mr.P.Dinesh Kumar For Respondent(s):

Mr.V.Ravi, Special Government Pleader for R1, 2, 3 & 5 Mr.P.Srinivas, Standing Counsel for R4 Mr.N.Suresh, for R6

ORDER

(Order of the Court was made by Dr.G.Jayachandran J.) This petition is filed to condone the delay of 21 days in filing the Review

Petition to review the order of this Court, dated 22.12.2022 passed in W.P.No.165087 of 2021.

2. The matter relates to the alleged unauthorised construction of building by the sixth respondent.

3. A Division Bench of this Court in W.P.No.16508 of 2021, in the order which is sought to be reviewed, had taken note of the submissions made by the learned counsel appearing for the sixth respondent and also the learned Government Advocate appearing for the respondents 1 to 3 and 5 that the sixth respondent has sought for regularisation of the building as per the revised plan and that will be considered within the time fixed by the Court. Accordingly, this Court has granted eight weeks' time for the respondents to pass appropriate order on the application for regularisation of the revised plan.

4. While the fact being so, the said order is now sought to be reviewed with a delay of 21 days in filing the Review Application, however, by this time, much water has flown under the bridge. As per the direction of this Court, the Government/respondents have considered the application for regularisation and rejected the revised plan submitted by the sixth respondent, which has been challenged by the sixth respondent in a separate Writ Petition. The said Writ Petition has been disposed of, taking note of the fact that the challenge to

Section 113-C of the Tamil Nadu Town and Country Planning Act, is seized by the Honourable Supreme Court and so decision will have to be taken, subject to the outcome of the Special Leave Petition filed.

5. In the said circumstances, we find no reason to entertain this condonedelay-petition. If at all the petitioner is aggrieved, he has to wait till the order that would be passed by the Government after disposal of the Special Leave Petition pending before the Supreme Court in respect of the revised plan submitted by the sixth respondent.

6.Hence, we dismiss this condone-delay-petition. Consequentially, the Review Application is hereby rejected. There shall be no order as to costs. (G.J.,J.) (N.S.,J.) 24-04-2026 cs To