Balaji v. The Director Of Town And Country Planning

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 07.04.2026 CORAM :

THE HONOURABLE MR. SUSHRUT ARVIND DHARMADHIKARI, CHIEF JUSTICE AND THE HONOURABLE MR.JUSTICE G.ARUL MURUGAN & W.M.P.No.13587 of 2026 Balaji S/o. Elumalai No.189/6 A, Karnam Street Extension Selaiyur, Tambaram Kancheepuram District.

Petitioner(s) Vs

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

2. The Municipal Corporation Commissioner Tambaram Municipal Corporation Tambaram Chengalpattu District.

Respondent(s) Prayer : Petition filed under Article 226 of the Constitution of India seeking a writ of Mandamus directing the 2nd respondent to not to

alter the Park Place and constructed any building therein for office purpose by considering the petitioner representation, dated 31.01.2026.

For Petitioner(s):

Ms. L.Maria Elezeabeth For Respondent(s): Mrs. E.Ranganayaki Addl. Govt. Pleader for R1 Mr. P.Srinivas Standing Counsel for R2

ORDER

(Order of the Court was made by the Hon'ble Chief Justice) The writ petition has been filed under Article 226 of the Constitution of India seeking direction to second respondent not to alter the Park and construct any building therein for office purpose.

2. Learned counsel for petitioner submits that as per Sections 47 and 48 of the Tamil Nadu Town and Country Planning Act, any public place, including park, cannot be altered or no construction could take place. She further submits that second respondent herein has started construction of the building by digging the foundation/basement bit and trying to construct the building

without there being any existing plan as per the Act.

3. On perusal of the revenue records, viz. extract from Town Survey Land Register, it is seen that the land in question is a Government poramboke land belonging to Tambaram Municipality.

4. In view of the aforesaid, we are not inclined to entertain the writ petition and issue direction to respondents not to construct any building over the subject land which is already a government poramboke land. Petition is misconceived and accordingly, it is dismissed. There shall be no order as to costs. Consequently, the interim application is also dismissed.

(SUSHRUT ARVIND DHARMADHIKARI,CJ) (G.ARUL MURUGAN,J) 07.04.2026 Index :

Yes/No Yes/No kpl

To

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

2. The Municipal Corporation Commissioner Tambaram Municipal Corporation Tambaram Chengalpattu District.

THE HON'BLE CHIEF JUSTICE AND G.ARUL MURUGAN,J.

(kpl) 07.04.2026