M/S.Vidhya Shankara Owners Association v. The Directorate Of Town And

2026:MHC:524

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 09.02.2026 CORAM :

THE HONOURABLE DR.JUSTICE ANITA SUMANTH and THE HONOURABLE MR.JUSTICE MUMMINENI SUDHEER KUMAR and W.M.P.Nos. 24023, 24024 & 24026 of 2020 M/s. Vidhya Shankara Apartments Owners Association Rep. By its President, N.S.Raman, S/o. K.Somasundaram Block No.6, G4, Vidhya Shankar Apartments, 10th Street, C-Colony, Perumalpuram, Tirunelveli.

.. Petitioner vs 1.The Directorate of Town and Country Planning, Planning Head Office No.807, Anna Salai, Chennai - 600 002.

2.The Member Secretary The Local Planning Authority, Tirunelveli.

3.The Commissioner, Tirunelveli Municipal Corporation Tirunelveli.

4.G.V.Krishnan .. Respondents 1/4

Prayer : Writ Petition filed under Article 226 of the Constitution of India praying to issue a writ of certiorarified mandamus calling for the records relating to the impugned order of the respondent in ROC no. 17679/2015/GR dated 28.06.2017 and quash the same and consequently cancel the building plan approval issued by the 3rd respondent made in No.369/13/TP3 dated 29.5.2013 and consequently directing the respondents 1 to 3 to ensure compliance of the 4th respondent with sanctioned plan dated 31.03.2005.

For Petitioner :

Mr.V.Vijayashankar For Respondents :

Mr.V.Ravi, SGP for R1 to R3 Mr.Niranjan Rajagopalan for R4

ORDER

(Made by Dr. ANITA SUMANTH, J.) This writ petition is dismissed as withdrawn with liberty as the petitioner wishes to approach the appellate authority under Section 79(1) of the Town and Country Planning Act, 1971. If appeal is filed within two

(2) weeks from today, it shall be entertained by the authority without reference to limitation but ensuring compliance with all other statutory conditions. It is made clear that the appellate authority will issue notice to the developer and hear him also, prior to disposal of appeal. No costs. Connected miscellaneous petitions are closed. [A.S.M, J.] [M.S.K, J.] 09.02.2026 Index:Yes/No ssm/vs Note to Registry : Issue on 10.02.2026.

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To 1.The Directorate of Town and Country Planning, Planning Head Office No.807, Anna Salai, Chennai - 600 002.

2.The Member Secretary The Local Planning Authority, Tirunelveli.

3.The Commissioner, Tirunelveli Municipal Corporation Tirunelveli.

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DR. ANITA SUMANTH,J.

and MUMMINENI SUDHEER KUMAR,J.

ssm/vs 09.02.2026 4/4