Madras High CourtWP/9450/2025disposed of

M/S.G Square Realtors (P) Ltd v. The Director

2025-08-13Honourable The Chief Justice,Honourable Mr.Justice Sunder Mohan7 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 13.08.2025 CORAM :

THE HONOURABLE MR. MANINDRA MOHAN SHRIVASTAVA, CHIEF JUSTICE AND THE HONOURABLE MR.JUSTICE SUNDER MOHAN W.P.No.9450 of 2025 G Square Realtors (P) Ltd., Rep. by its Authorised Signatory, S.Muthukrishnan having office at:

"Century Centre"

Ground Floor, No.75, TTK Road, Alwarpet, Chennai-600 018.

Petitioner Vs 1.The Director Town & Country Planning, Hosur, Krishnagiri District.

2.The Deputy Director Town & Country Planning, Hosur, Krishnagiri District.

3.The Member Secretary Town & Country Planning, Hosur, Krishnagiri District.

4.The District Collector Collectorate of Krishnagiri, Krishnagiri District.

5.The Revenue Divisional Officer Collectorate of Krishnagiri, Krishnagiri District.

6.The Block Development Officer Hosur Panchayat Union, Hosur, Krishnagiri- 635 109.

7.The Panchayat President Achettipalli Village & Panchayat Hosur Panchayat Union, Hosur, Krishnagiri District.

8.P.R.Vasudevan S/o. Late P.M. Ramachandran, Door No.14, Kamala Nivas, TVS- Atthipalli Road, Mathigiri H.C.F Post, Hosur Taluk, Krishnagiri -635 110.

9.Jay Pee Tranquil Residents Welfare Association, Rep. by its President Bagyaraj, 100, Jay Pee Tranquil, Adjacent to Titan Township, Mathigiri, Hosur Taluk, Krishnagiri District.

Respondents [Respondent No.9 impleaded vide order dated 16.7.2025 made in WMP No.29455 of 2025]

PRAYER : Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of mandamus to direct the respondents 1 to 7 to remove the unauthorized construction of wall made in Road No.5 earmarked as public road in the approved layout of Jay Pee Tranquil comprised in Survey No.295/2A1AA1 (Old Survey No.295/2) situated at Achettipalli Village, Hosur Taluk, Krishnagiri District put up by the 8th respondent at the earliest and thus enable easy public access to both the residents of 'G Square Pristine' layout and general public.

For Petitioner:

Ms.K.Indupriya For Respondent(s):

Mr.K.Karthik Jagannath Government Advocate for respondent Nos.1 to 5 Mr.T.Chandrasekaran Spl. Government Pleader for respondent Nos.6 and 7 Mr.G.M.Ananthakumar for respondent No.8 Mr.L.Chandrakumar for respondent No.9

ORDER

(Order of the Court was made by the Hon'ble Chief Justice) The grievance set out in this petition is that respondent No.8 has erected a wall so as to obstruct access to the layout promoted

by the petitioner.

2. At the out set, learned counsel for respondent Nos.1 to 5 would submit that, on the complaint made by the petitioner, respondent No.6 proceeded to issue notice to respondent No.8 on 21.4.2025, which so far has not been replied.

3. Learned counsel for respondent No.8 would submit that, on account of pendency of this petition, he was under a bona fide belief that he is not required to submit any reply to the said notice.

4. We are of the view that the issue which is sought to be raised in this petition is required to be examined by the authorities taking into consideration the location of the layout and also whether the erection of the wall, so as to prevent access to the area which is being developed by the petitioner, would be permissible under law. These are all matters which are required to be considered on spot inspection, measurement, etc. Therefore, we are not inclined to keep this petition pending. Respondent No.8 is directed to

submit reply within a period of 10 days. Respondent No.9, if so advised, may also submit representation in the matter within the same period of 10 days to respondent No.6.

5. The proceedings, pursuant to the notice, shall be brought to its logical conclusion one way or the other by taking appropriate action, if necessary, under the required law within the outer time limit of 30 days.

6. Before parting with the case, we may hasten to add that we have not expressed any opinion on the merits of the case.

7. Petition is, accordingly, disposed of. There shall be no order as to costs.

(MANINDRA MOHAN SHRIVASTAVA, CJ) (SUNDER MOHAN,J) 13.08.2025 Index :

Yes/No :

Yes/No bbr

To:

1.The Director Town & Country Planning, Hosur, Krishnagiri District.