Madras High CourtWP/20531/2025disposed of

R.Gobalakrishnan v. The District Collector

2025-06-10Honourable Mrs.Justice N. Mala7 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 10.06.2025

CORAM:

THE HONOURABLE MRS.JUSTICE N.MALA R.Gopalakrishnan ... Petitioner Vs.

1. The District Collector, Villupuram District.

2. The Inspector General of Registration, Santhome Road, Chennai.

3. The Assistant Director Villupuram District Town and Country Planning, No.56 A Ground floor, Tadco Building, Government Hospital road, Villupuram HO - 605 602.

4. The Joint Director of Agriculture Collectorate Complex, Villupuram - 605 602.

5. The District Registrar, Villupuram.

6. The Sub Registrar, Vanur.

7. D. Gopalakrishnan ... Respondents PRAYER : Writ Petition filed under Article 226 of Constitution of India, to issue Writ of Mandamus to direct the respondents 1 & 3 to take appropriate direction against the 7th respondent under Sections 56 and 57 of Tamil Nadu Town and Country Planning Act, 1971 for developing an unapproved layout in Survey No.89/6B1, Kottakuppam Village, Vanur taluk, Villpuram district and to restore the lands comprised in S.No.89/6B1 of Kottakuppam village, Vanur taluk, Villupuram district to its original condition. For Petitioner : Mr.T.Sai Krishnan For Respondents : Mr.V.Manoharan Addl. Government Pleader for R1, R3 & R4 M/s.A.Bakkiyalakshmi Government Advocate R2, R5 & R6

O R D E R

This writ petition is filed for issuance of a writ of mandamus to direct the respondents 1 & 3 to take appropriate direction against the 7th respondent under Sections 56 and 57 of Tamil Nadu Town and Country Planning Act, 1971 for developing an unapproved layout in Survey No.89/6B1, Kottakuppam Village, Vanur taluk, Villpuram district and to restore the lands comprised in S.No.89/6B1 of Kottakuppam village, Vanur taluk, Villupuram district to its original condition.

2. With the consent of both side counsels the main writ petition is taken up for disposal.

3. The petitioner and his wife are having vast extent of lands including the lands in S.No.89/6B2 at Chinnamudalaiar chavady village, Kottakuppam, Vanur taluk, Villupuram district, where they are cultivating coconut grove. The 7th respondent is the owner of the lands admeasuring an extent of 0.54 cents comprised in S.No.37/7, R.S.No.89/6B1 of Kottakupam Village, Vanur taluk, Villupuram district. The lands owned by the 7th respondent are punjai lands and he has been carrying on agricultural activities in the said lands. While so, during January 2024, the 7th respondent formed a layout in the said agricultural lands, without obtaining any permission or approval from the 3rd respondent. Despite the specific bar under Section 22A(2) of the Registration Act, the 6th respondent entertained the documents for registration. Having no other remedy, the petitioner filed the above writ petition for the aforesaid relief.

4. The learned counsel for the petitioner submitted that he would restrict the prayer in the writ petition to a direction to the 3rd respondent to dispose of

the petitioner's representation dated 04.02.2025, within a time frame to be fixed by this Court.

5. The learned counsel appearing for the respondents 1 to 6 prayed for reasonable time to dispose the representation.

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

7. Taking into consideration the facts and circumstances of the case and the limited relief sought by the learned counsel for the petitioner, this Court directs the third respondent who is the competent authority, to consider the petitioner's representation dated 04.02.2025 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.

8. With the above direction, the writ petition is disposed of. No costs. 10.06.2025

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