K.Mohamed Haroon v. The Government Of Tamilnadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 11-07-2025

CORAM

THE HONOURABLE MRS JUSTICE J. NISHA BANU AND THE HONOURABLE MR.JUSTICE M.JOTHIRAMAN W.P. No. 23054 of 2025 and W.M.P.Nos.25897 and 25898 of 2025 K.Mohamed Haroon S/o.Kamal Batcha, No.1239, Mudupoki Subburaya Pillai, Street, Therkutheru, Thanjavur District Petitioner(s) Vs

1. The Government Of Tamilnadu Rep By Its Principal Secretary To The Government, Housing And Urban Development Department, Fort St.George, Chennai-600 009 2.The Government Of Tamilnadu Rep By The Additional Chief Secretary To The Government, Housing And Urban Development (UDV (1) Department, Fort St.George, Chennai-600 009

3.The Director Of Town And Country Planning 3rd Floor, Cmda Campus, E And C Market Road, Koyambedu, Chennai-600 107 4.The Municipal Commissioner City Municipal Corporation, 2979/1 Gandhiji Road, Thanjavur-613 001 5.The Assistant Director Thanjavur District Town And Country Planning Office, N.G.K. Complex, Najikottai Road, St.Marry Road, Near St.Anthony Higher Secondary School, Thanjavur-613 000 Respondent(s) PRAYER Writ Petition filed under Article 226 of the Constitution of India for the issuance of a Writ of Certiorarified Mandamus calling for the records relating to the order of the 1 st respondent dated 24.1.2025 in G.O.(D)No.5 dated 24.1.2025 Housing and Urban Development Department, quash the same and consequently direct the respondents to consider and approve the proposed planning permission by the petitioner in respect of the building at Town survey No.1/3 Block No.37 Ward .8, Neelagiri Theruku Thottam Village, Thanjavur Town and Taluk Thanjavur District For Petitioner(s):

Mrs. A.L.Gandhimathi Senior Counsel For Mr.L. Palani Muthu

For Respondent(s):

Mr. M. Venkateshwaran Special Government Pleader For R1 to R3 and R5

ORDER

(Order of the Court was made by J.NISHA BANU, J.) The present Writ Petition has been filed to issue a Writ of Certiorarified Mandamus to call for the records relating to the order of the 1 st respondent dated 24.1.2025 in G.O.(D)No.5 dated 24.1.2025 Housing and Urban Development Department, quash the same and consequently, direct the respondents to consider and approve the proposed planning permission by the petitioner in respect of the building at Town survey No.1/3 Block No.37 Ward.8, Neelagiri Theruku Thottam Village, Thanjavur Town and Taluk Thanjavur District.

2. When the matter is taken up for hearing today, the learned Senior Counsel appearing for the petitioner submits that all the defects pointed out in the impugned order would be rectified by the petitioner within a stipulated time as may be fixed by this Court.

3. Heard the learned counsel appearing on either side and perused the materials placed before this Court

4. It is seen that the first respondent has passed a Government Order in G.O.(3D) No.5, Housing and Urban Development (UDV(1)) Department, dated 24.01.2025 pointing out certain defects which reads as follows:- Sl.

No.

Rule No Description Required Available Remarks 1) 35 (1) (b) Explanation 2 (vii) Rear Setback - North 6.00m 0.90m 5.10m (deficit) 2) Side Setback - West 6.00m 0.58m 5.42m (deficit) 3) Front Setback - South 6.00m 0.96m 5.04m (deficit) 4) Side Setback - East 6.00m 0.55 5.45m (deficit) 5) Annexure IV (Part-I) (10) (c) Parking Requirement unstarred Hotels, other Hotels & Lodges 1 Car space for every 10 - guest room and for the non-room area, 1 car space for every 100 sq.m of floor area or part thereof and 1 two-wheeler space for every 50 sq.m of floor area or part thereof.

For restaurants in these hotels - same as that specified for restaurants specified above.

There is no Car and Two Wheeler parking in the site. It is 100% violation.

5. Considering the submissions made by the learned Senior Counsel appearing for the petitioner, this Court grants four months' time to the petitioner to rectify all the defects, as pointed out in the impugned order.

6. Accordingly, this Writ Petition stands disposed of. There shall be no order as to costs. Consequently, connected Miscellaneous Petitions are closed.

7. Post the matter on 11.11.2025 "for reporting compliance". (J.NISHA BANU J.) (M.JOTHIRAMAN J.) 11-07-2025 ASI To

1. The Principal Secretary to The Government, Housing And Urban Development Department, Fort St.George, Chennai-600 009

2. The Additional Chief Secretary To The Government, Housing And Urban Development (UDV (1) Department, Fort St.George, Chennai-600 009 3.The Director Of Town And Country Planning 3rd Floor, Cmda Campus, E and C Market Road, Koyambedu, Chennai-600 107 4.The Municipal Commissioner City Municipal Corporation, 2979/1 Gandhiji Road, Thanjavur-613 001 5.The Assistant Director Thanjavur District Town And Country Planning Office, NGK Complex, Najikottai Road, St.Marry Road, Near St.Anthony Higher Secondary School, Thanjavur-613 000

J.NISHA BANU J.

AND M.JOTHIRAMAN J.

ASI W.P. No. 23054 of 2025 and W.M.P.Nos.25897 and 25898 of 2025 11-07-2025