Priyanka v. P.S.Dinesh

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 16.04.2026

CORAM

THE HONOURABLE MR. JUSTICE R.SURESH KUMAR and THE HONOURABLE MR. JUSTICE P.VADAMALAI in W.P(MD)No.35418 of 2026 Priyanka ... Petitioner/Proposed 4th respondent Vs.

1. P.S.Dinesh

2. The District Collector, Of/o. District Collectorate Ramanathapuram, Ramanathapuram District.

3. The District Officer of Town and Country Planning, 4/387, Gandhiji Road, Paramakudi, Ramanathapuram District.

4. The Commissioner, Paramakudi Municipality, Paramakudi, Ramanathapuram District.

... Respondents PRAYER :- Petition filed under Article 226 of the Constitution of India, praying this Court to implead the petitioner as respondent No.4 in the main writ petition in W.P(MD)No.35418 of 2026. 1/6

For Petitioner : Mr.G.Mohandoss For R1 : Mr.D.Senthil For R2 & R3 : Mr.D.Sasikumar Additional Government Pleader For R4 : Mr.Ajmal Khan, Senior Counsel

ORDER

(Order of the Court was made by R.SURESH KUMAR, J.) The prayer sought for in WMP(MD)No.4337 of 2026 is to implead the petitioner herein as 4th respondent in the main writ petition.

2. The main writ petition was filed against the Paramakudi Municipality with regard to the construction of the weekly market and commercial complex on the alleged ground that those constructions had been made without the proper approval from the local town planning authority. In the said writ petition, it seems some interim order has been granted. Despite the same, it is the grievance of the present petitioner that the Municipality is utilising the buildings and large number of people gathered every day in the commercial complex to transact the business. Therefore, in order to present the case further effectively, she wants her to be impleaded as one of the party respondents in the main writ petition.

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3. As the very grievance of the writ petitioner itself is with regard to the construction of the weekly market and commercial complex without the proper approval from the town planning authority and that has been taken note of by the Court and some indulgence had been shown in the writ petition which is pending. When that being so, the present attempt made by the petitioner herein to get impleaded as one of the party respondents to strengthen the case of the writ petitioner is nothing but an unwarranted exercise. Therefore, this petition need not be entertained by this Court as a result of which it is liable to be dismissed. Hence, it is dismissed.

4. Mr.Ajmal Khan, learned Senior Counsel appearing for the Municipality would submit that necessary steps had been taken to get ratification of the construction of the building by the Municipality and in this regard, appeal has been preferred before the State and the Secretary to Government being the appellate authority, has heard the appeal and orders are reserved. So, awaiting the orders, the Municipality is waiting for further move and it depends upon the outcome of the order to be passed by the State Government in the appeal pending before it. 3/6

5. Recording the said submission, since the impleading petition also deserves to be dismissed, while dismissing the same, a direction is issued to the State Government represented by its Secretary to Government, Housing and Urban Development Department, to pass orders on the appeal dated 05.12.2025 filed by the Paramakudi Municipality, as against the order passed by the Director of Town and Country Planning, rejecting the plea raised by the Municipality for giving the post facto approval or ratification of the construction having been made by the Municipality within a period of thirty[30] days from the date of receipt of a copy of this order. Since the Secretary to Government, Housing and Urban Development Department, Chennai, is not a party to the main writ petition, the Registry is directed to forward a copy of this order to the said authority for necessary compliance. [R.S.K., J.] & [P.V.M., J.] 16.04.2026 bala 4/6

To

1. The District Collector, Of/o. District Collectorate Ramanathapuram, Ramanathapuram District.

2. The District Officer of Town and Country Planning, 4/387, Gandhiji Road, Paramakudi, Ramanathapuram District.

3. The Commissioner, Paramakudi Municipality, Paramakudi, Ramanathapuram District.

4. The Secretary to Government, Housing and Urban Development Department, Chennai.

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R.SURESH KUMAR , J.

AND P.VADAMALAI, J.

bala 16.04.2026 6/6