Natarajan v. The Government Of Tamil Nadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 19.11.2025 CORAM :

THE HONOURABLE MR. MANINDRA MOHAN SHRIVASTAVA, CHIEF JUSTICE AND THE HONOURABLE MR.JUSTICE G.ARUL MURUGAN and W.M.P.No s .49306 and 49307 of 2025 Natarajan S/o.Narayanan, President Boyar Sankam, Kachirayapalayam, Boyar Street, Kachirayapalayam Chinnasalem Taluk, Kallakurichi District Petitioner Vs 1.The Government of Tamil Nadu Rep. by its Secretary to Government Housing and Urban Department, Fort St. George Secretariat, Chennai 600 009 2.The Commissioner of Town and Country Planning No.807, Anna Salai Chennai 600 002 3.The District Collector/Chairman Kallakurichi Planning Authority Collectorate, Kallakurichi & District 606 202

4.The Revenue Divisional Officer Kallakurichi and District 5.The Assistant Director of Town Panchayat Cuddalore Zone Cuddalore and District 6.The Executive Officer Vadakkanandal Town Panchayat , Vadakkanandal and Post Chinnasalem Taluk Kallakurichi District 7.Grama General Welfare Sangam, Rep. by its President Pasarai Balu Kamarajar Nagar, Kachirayapalayam, Chinnasalem Taluk Kallakurichi District Respondents PRAYER : Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of certiorarified mandamus to call for the records pertaining to the impugned order dated 29.02.2024 in Ref. No. Na.Ka.No. A1/672/ 2014 passed by the 6th respondent and quash the same and consequently directing the 6th respondent to consider the petitioner application dated 3.11.2023 for approval the Boyar Sangam Building without insisting patta.

For Petitioner:

Mr.V.R.Kamalanathan for Mr.V.Sukumar For Respondents:

Mr.V.Veeramani Government Advocate for respondent Nos.1 to 6

ORDER

(Order of the Court was made by the Hon'ble Chief Justice) Heard learned counsel for the parties.

2. Challenge to the order dated 29.02.2024 is on the ground that the authority has not properly taken into consideration various claims made by the petitioner, including title over the property.

3. We find that application seeking grant of building permission has been rejected on twin grounds. Firstly, the construction is unauthorized. The other ground is that the property is recorded in the name of one Raman, son of Karuppan Chetty, as per revenue records.

4. Though learned counsel for the petitioner sought to convince the Court that the petitioner is title-holder of the property, we are not inclined to go into that issue. The petitioner's remedy lies in seeking correction of the revenue records through appropriately constituted proceedings before the revenue authorities, because until the revenue records are altered accepting the claim of the petitioner, no relief can be granted by the Executive Officer of Vadakkanandal Town Panchayat.

Yet another reason is that there is no material to show that the petitioner had obtained any permission for construction.

5. In the absence of requisite permission obtained for construction, we are unable to exercise our discretionary jurisdiction in favour of the petitioner.

6. The petition is dismissed. There shall be no order as to costs. Consequently, connected miscellaneous petitions are closed. (MANINDRA MOHAN SHRIVASTAVA, CJ) (G.ARUL MURUGAN,J) 19.11.2025 Index :

Yes/No :

Yes/No bbr

To:

1.The Secretary to Government Government of Tamil Nadu Housing and Urban Department, Fort St. George Secretariat, Chennai 600 009 2.The Commissioner of Town and Country Planning No.807, Anna Salai Chennai 600 002 3.The District Collector/Chairman Kallakurichi Planning Authority Collectorate, Kallakurichi & District 606 202 4.The Revenue Divisional Officer Kallakurichi and District 5.The Assistant Director of Town Panchayat Cuddalore Zone Cuddalore and District 6.The Executive Officer Vadakkanandal Town Panchayat , Vadakkanandal and Post Chinnasalem Taluk Kallakurichi District

THE HON'BLE CHIEF JUSTICE AND G.ARUL MURUGAN,J.

bbr 19.11.2025