T.J.Anandakumar v. The Directorate Of Town And Country Planning Authority
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 01.07.2025
CORAM
THE HONOURABLE MRS JUSTICE N.MALA and WMP.No.18540 of 2025 Mr.T.J.Anandakumar S/o. Late Mr. Jayaram, D/No.A201, Royal Enclave, Arumugam Nagar, Bharathi Nagar Main Road, Ramanathapuram, Coimbatore - 641 045 Petitioner(s) Vs 1.The Directorate of Town and Country Planning Authority, Rep. by its Director, Chennai - 2.
2.The District Collector, Coimbatore, Coimbatore District.
3.The Member Secretary, Coimbatore Local Planning Authority, Office of the Coimbatore Local Planning Authority, Coimbatore.
4.The Joint Director of Town and Country Planning, Coimbatore Local Planning Authority, O/o. The Coimbatore District Town and Country Planning, Coimbatore.
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5.The Executive Officer, Sulur Town Panchayat Office, Sulur Town Panchayat Road, Sulur, Coimbatore - 641 402.
6.P. Selvasekaran, 7.P. Yuvaraj, 8.C.Gopalasamy, 9.Mr.Palanisamy, 10.RKS Builders LLP, Represented by its Designated Partner, 9/105C, Alankar Garden, Vellakinar Pirivu, Mettupalayam Road, Coimbatore - 641029.
Respondent(s) PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus, directing the 3 rd and 4 th respondent to consider and pass orders on the petitioner representation dated 31.03.2025 for not to grant approval to formation of layout in survey number 398, Sulur Village, Coimbatore South Taluk, Coimbatore District. For Petitioner:
M/s.T.Dharani For R1 to R5:
Mr.M.Rajendiran, Additional Government Pleader 2/6
ORDER
This writ petition has been filed for issuance of a Writ of Mandamus, directing the 3 rd and 4 th respondents to consider and pass orders on the petitioner's representation dated 31.03.2025 for not granting approval to formation of a layout in survey number 398, Sulur Village, Coimbatore South Taluk, Coimbatore District.
2. The petitioner is the absolute owner of 5.41 acres of land situated in Survey Nos.393/2, 398, 400/2A, and 400/2C in Sulur Village, Coimbatore South Taluk, Coimbatore District. The land was purchased via a registered sale deed dated 03.02.2000 (Doc.No.323/2000), following a prior sale agreement dated 31.07.1998. The petitioner had the land revenue records duly mutated in her name. A suit (O.S.No.64/2008) filed by the 8 th respondent to declare the petitioner's sale deed as null and void was dismissed, and the dismissal was upheld by the High Court in CRP.No.4548/2010. No appeal was filed thereafter. Despite this, the 8 th and 6 th respondents filed a complaint before the District Registrar, who cancelled the petitioner's sale deed on 29.07.2022, which the petitioner challenged in W.P.No.28564 of 2023. Meanwhile, a sale was affected 3/6
by R.Ramasamy in favour of the 6 th and 7 th respondents in 2011, who fraudulently secured patta and later sold the land to the 10 th respondent. The 10 th respondent has now applied for layout approval from the 4 th respondent.
3. Learned counsel appearing for the petitioner contends that the cancellation of her valid sale deed by the District Registrar is illegal and contrary to judicial decisions already in force, including the dismissal of O.S.No.64/2008 and CRP.No.4548/2010. She argues that the patta granted to the 6 th and 7 th respondents was obtained by concealing material facts and exceeds the area mentioned in the impugned sale. The subsequent sale to the th respondent and the application for layout approval are illegal and based on fraudulent documents. The petitioner has made representations to the authorities not to approve the layout, but no action has been taken, prompting her to file the present writ petition.
4. Learned Additional Government Pleader appearing for R1 to R5 would submit that the representation of the petitioner dated 31.03.2025 would be considered on merits, in accordance with law, within a time frame stipulated by this Court.
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5. Heard both sides and perused the materials available on record.
6. Without going into the merits of the case, the third and fourth respondents are directed to consider the representation of the petitioner dated 31.03.2025, after conducting a detailed enquiry by giving due notice to the petitioner as well as respondents 6 to 10, affording an opportunity of personal hearing, and pass appropriate orders on merits, in accordance with law, within a period of eight (8) weeks from the date of receipt of a copy of this order.
7. There shall be an order of interim injunction till the disposal of the petitioner's representation dated 31.03.2025. In the result, the writ petition stands disposed of with the above observations and directions. No costs. Consequently, connected miscellaneous petition is closed.
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N.MALA,J.
cda/dsn To 1.Director, The Directorate of Town and Country Planning Authority, Chennai - 2.
2.The District Collector, Coimbatore, Coimbatore District.
3.The Member Secretary, Coimbatore Local Planning Authority, Office of the Coimbatore Local Planning Authority, Coimbatore.
4.The Joint Director of Town and Country Planning, Coimbatore Local Planning Authority, O/o. The Coimbatore District Town and Country Planning, Coimbatore. 5.The Executive Officer, Sulur Town Panchayat Office, Sulur Town Panchayat Road, Sulur, Coimbatore - 641 402.
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