S.R.Nagar Therkku Kudiyirupupoor Nala Sangam v. The Director
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 06-08-2025
CORAM
THE HONOURABLE MRS.JUSTICE N. MALA S.R.Nagar Therkku Kudiyirupupoor Nala Sangam, Rep. by its Authorised Person, Jayabalan, S/o.Chinnasamy Gounder, No.1/36, Ponparappi, Veeracholapuram, Kangeyam, Tiruppur District, Pin Code-638 701.
Petitioner(s) Vs
1. The Director, The Town and Country Planning, Anna Salai, Chennai.
2.The Commissioner, Tiruppur City Municipal Corporation, Tiruppur. 3.The Commissioner, Tiruppur Panchayat Union, Court Street, Tiruppur.
4.The Andipalayam Panchayat, Tiruppur Panchayat Union, Periyandipalayam Post, Tiruppur Taluk, Tiruppur District.
5.Tiruppur Co-Operative Housing Society Limited, 1/7
No.K.1917, Represented by its Secretary, No.91, Kumaran Road, Tiruppur.
6.Parathasarathi 7.Kuppuraj 8.Gokilaveni 9.Rajammal 10.Gowri 11.Keppannan 12.Kavitha 13.Vimala 14.Rajagopal 15.Santhamani 16.Malarvizhi 17.Vijayasamundeswari 18.Saraswathi 19.Rajasekaran 20.Sentikumar 21.Divya 22.Chinnasamy Respondent(s) 2/7
Writ Petition is filed under Article 226 of the Constitution of India, pleased to issue Writ of Mandamus, directing the 2 nd respondent to consider the petitioner association representation dated 23.03.2025 for conducting survey and passing an appropriate orders in view of the judgement of this honourable court made in W.P.No.16100 of 2007 vide order dated 29.07.2019 within a time bound manner and to pass.
For Petitioner(s):
Mr.K.Myilsamy For Respondent(s):
Mrs.P.Vijayadevi, GA for R1 Mr.Abishek Murthy, ST.C for R2 to R4 Mr.T.Chandrasekaran, for R5
ORDER
Mrs. P. Vijayadevi, learned Government Advocate takes notice for the 1 st respondent. Mr. Abishek Murthy, learned Standing Counsel takes notice for the respondents 2 to 4. Mr. T. Chandrasekaran, learned counsel takes notice for the th respondent. As no adverse orders are passed against the respondents 6 to 22, notice to the respondents 6 to 22 is dispensed with. With the consent of both the learned counsels, the main writ petition is taken up for final disposal at the admission stage itself.
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2. The above Writ petition is filed for issuance of a Writ of Mandamus, directing the 2 nd respondent, to consider the petitioner's representation dated 23.03.2025, and pass appropriate orders in view of the judgment of this Court in W.P.No.16100 of 2007 dated 29.07.2019, within the time frame fixed by this Court.
3. The petitioner states that 5 th respondent purchased large extents of land for the purpose of forming layout of house sites. The layout was approved by the planning authority and in the said approved layout, certain areas were earmarked for public purposes like park, schools etc. The petitioner states that th respondent, by fabricating the original lay out approval submitted revised approval plan and obtained revised approval for converting the reserved area into housing plots. On the basis of the revised approval, the plots were sold to the private respondents. Subsequently, the respondents 6 to 17 filed writ petition in W.P.No.16100 of 2007, which was disposed of with a direction to the nd respondent, to conduct a detailed survey and pass order in accordance with law. As the order of this Court in W.P.No.16100 of 2007, was not complied with, the petitioner submitted a representation to take action as per the aforesaid 4/7
order of this Court. However, no action was taken, the petitioner therefore filed the above writ petition for the aforesaid relief.
4. Heard both sides and perused the materials placed on record.
5. Having regard to the facts and circumstances of the case, and in view of the limited prayer sought by the petitioner, this Court directs the 2 nd respondent to consider the petitioner's representation dated 23.03.2025, in the light of the earlier direction issued by this Court in W.P.No.16100 of 2007 dated 29.07.2019, and to pass orders on merits and in accordance with law, within a period of eight (8) weeks from the date of receipt of a copy of this order. It is further made clear that the 2 nd respondent while considering the petitioner's representation shall issue notice to the private respondents, and afford reasonable opportunity of hearing to the petitioner as well as private respondents.
Writ petition is accordingly disposed of. However, there shall be no order as to costs.
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To 1.The Director, The Town and Country Planning, Anna Salai, Chennai.
2.The Commissioner, Tiruppur City Municipal Corporation, Tiruppur.
3.The Commissioner, Tiruppur Panchayat Union, Court Street, Tiruppur.
4.The Andipalayam Panchayat, Tiruppur Panchayat Union, Periyandipalayam Post, Tiruppur Taluk, Tiruppur District.
5.The Secretary, Tiruppur Co-Operative Housing Society Limited, No.K.1917, No.91, Kumaran Road, Tiruppur.
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N.MALA J.
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