S.Saravanan, v. The Secretary To Government
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 02.07.2025
CORAM:
THE HON'BLE MR.JUSTICE S.M.SUBRAMANIAM AND THE HONOURABLE DR.JUSTICE A.D.MARIA CLETE W.P(MD).No.10284 of 2019 S.Saravanan ... Petitioner -vs1. The Secretary to Government, Local Administration Department, Secretariat, Fort St.George, Chennai - 600 009.
2. The Secretary to Government, Housing and Urban Development Department, Secretariat, Fort St.George, Chennai - 600 009.
3. The Secretary to Government, Rural Development and Panchayat Raj Department, Secretariat, Fort St.George, Chennai - 600 009.
4. The Director, Directorate of Town and Country Planning Department, Opp. to LIC, Chengalvarayan Building, 807, 4th Floor, Anna Salai, Chennai - 600 002.
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5. The Director, Town Panchayat Department, Kuralagam, Chennai - 600 108.
6. The Director, Directorate of Rural Development and Panchayat Raj Department, Panagal Building, Chennai - 600 015.
... Respondents Prayer: Writ Petition filed under Article 226 of Constitution of India, for issuance of a Writ of Mandamus to direct the respondents herein to make necessary amendment in the rule 5 of Tamilnadu Combined Development and Building Rules, 2019 and consequently directing the respondents herein to appoint technically qualified officers in Panchayat Unions or create a wing with qualified persons in Common area and to check the building plans which are approved by the presidents and to monitor the constructions to curtail the deviations.
For Petitioner : Mr.A.Balamurugan For Respondents : Mr.P.Thilak Kumar Government Pleader 2/6
ORDER
(Order of the Court was made by S.M.SUBRAMANIAM, J.) The relief sought for in the present writ petition is to make necessary amendment in the rule 5 of Tamilnadu Combined Development and Building Rules, 2019 and consequently directing the respondents herein to appoint technically qualified officers in Panchayat Unions or create a wing with qualified persons in Common area and to check the building plans which are approved by the presidents and to monitor the constructions to curtail the deviations.
2. The High Court cannot direct to legislate law. It is the function of the Legislature and therefore, the prayer sought for in the writ petition is falling beyond the realm of the powers of the judicial review. If any grievances exist, the petitioner has to approach the Government.
3. The writ petition stands disposed of with the above observations. No costs.
(S.M.S., J.) (A.D.M.C., J.) 02.07.2025 NCC :yes/No Index :yes/No Internet:yes/No rgm 3/6
To
1. The Secretary to Government, Local Administration Department, Secretariat, Fort St.George, Chennai - 600 009.
2. The Secretary to Government, Housing and Urban Development Department, Secretariat, Fort St.George, Chennai - 600 009.
3. The Secretary to Government, Rural Development and Panchayat Raj Department, Secretariat, Fort St.George, Chennai - 600 009.
4. The Director, Directorate of Town and Country Planning Department, Opp. to LIC, Chengalvarayan Building, 807, 4th Floor, Anna Salai, Chennai - 600 002.
5. The Director, Town Panchayat Department, Kuralagam, Chennai - 600 108.
6. The Director, Directorate of Rural Development and Panchayat Raj Department, Panagal Building, Chennai - 600 015.
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S.M.SUBRAMANIAM, J.
and A.D.MARIA CLETE, J.
rgm W.P(MD).No.10284 of 2019 02.07.2025 6/6