Shanmuga Velyutham v. The Director
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 30.06.2026
CORAM
THE HONOURABLE MR.JUSTICE HEMANT CHANDANGOUDAR Shanmuga Velayutham S/o.Muthusamy ... Petitioner vs.
1.
The Director Directorate of Town and Country Planning (DTCP) Chennai-600 107.
2.
The Assistant Director District Town and Country Planning Office No.50, FCI Road, Gandhima Nagar Ganapathy, Coimbatore - 641 004.
3.
A.Sathiyamurthy S/o.S.B.Arunachalam 4.
P.Rajasekaran S/o.Palanisamy ... Respondents Writ Petition filed under Article 226 of the Constitution of India seeking a writ of Mandamus, forbearing the respondents 1 and 2 from granting DTCP or layout approval in respect of the property situated in survey Page Nos.1/5
Nos.270, 271, 272, 285, 286 and 288/2 situated at Kanuvakkarai Village, Annur Taluk, Coimbatore District till the disposal of O.S.No.691 of 2023 pending on the file of the I Additional District Court, Coimbatore by considering the petitioner's representation dated 07.04.2026. For Petitioner :
Mr.A.V.Raja For Respondents :
Mr.P.Siddarth Government Counsel for R1 and R2 *****
O R D E R
Mr. P. Siddarth, learned Government Counsel, takes notice for respondents 1 and 2. Since this writ petition is being disposed of without affecting the rights of respondents 3 and 4, notice to them is dispensed with.
2. The petitioner has filed this writ petition seeking a direction to respondents 1 and 2 not to grant DTCP/layout approval in respect of the properties comprised in Survey Nos.270, 271, 272, 285, 286 and 288/2, situated at Kanuvakkarai Village, Annur Taluk, Coimbatore District, until the disposal of O.S. No.691 of 2023 pending on the file of the I Additional District Court, Coimbatore, by considering the petitioner's representation dated Page Nos.2/5
07.04.2026.
3. The petitioner claims to be a co-owner of the subject properties. It is stated that he has instituted O.S. No.691 of 2023 seeking partition and separate possession, besides a declaration that the sale deeds executed in respect of the subject properties are null and void. According to the petitioner, despite the pendency of the suit, respondents 3 and 4 have applied for DTCP/layout approval for development of the properties.
4. Heard the learned counsel for the petitioner and the learned Government Counsel appearing for respondents 1 and 2.
5. Admittedly, no interim order has been passed by the Civil Court restraining respondents 3 and 4 from dealing with the subject properties or preventing the statutory authorities from considering their application for layout approval. In the absence of any such restraint order, there is no legal impediment for respondents 1 and 2 to process and consider the application submitted by respondents 3 and 4, subject to their satisfying the statutory requirements and eligibility criteria.
Page Nos.3/5
6. In view of the above, this writ petition is disposed of with a direction to respondents 1 and 2 to consider the petitioner's representation dated 07.04.2026 on its own merits and pass appropriate orders in accordance with law, while keeping in view the observations made above, within a period of four weeks from the date of receipt of a copy of this order. There shall be no order as to costs.
30.06.2026 Speaking / Non-speaking order Index : Yes / No mk To 1.
The Director Directorate of Town and Country Planning (DTCP) Chennai-600 107.
2.
The Assistant Director District Town and Country Planning Office No.50, FCI Road, Gandhima Nagar Ganapathy, Coimbatore - 641 004.
Page Nos.4/5
HEMANT CHANDANGOUDAR, J., mk 30.06.2026 Page Nos.5/5