Chandrasekar v. The Assistant Director

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 02.06.2025

CORAM:

THE HONOURABLE MR.JUSTICE C.SARAVANAN and W.M.P.(MD) No.9948 of 2025 Chandrasekar ... Petitioner Vs

1. The Assistant Director, District Town and Country Planning Authority, Dindigul,

2. The Tahsildar, Vedasandur Taluk Office,

3. The Block Development Officer,

4. The Secretary, Kalvarpatti Village Panchayat, Vedasandur Taluk, 1/6

5. Ashok Kumar

6. Ramathal

7. Backiyam ... Respondent PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus to forbear the respondents 1, 3 and 4 herein from granting permission to layout approval in favour of the fifth respondent herein with regard to the petitioner's property in Survey No. 314/1A to an extent of 12 1/2 cents situated at Kalvarpatti Village, Vedasandur Taluk, Dindigul District, based on his representation dated 21.04.2025. For petitioner : Mr. G.Gomathisankar For respondent : Mr.Ghandiraj Special Government Pleader for R1 to R4 *****

ORDER

Mr.Ghandiraj, learned Special Government Pleader, takes notice on behalf of the respondents 1 to 4.

2. The petitioner claims to be an owner of 12.5 cents of the land in Survey No.314/1A situated at Kalvarpatti Village, Vedasandur Taluk, Dindigul District. 2/6

3. It is specific case of the petitioner that the petitioner's paternal grandfather, namely, Vangiliyappa Gounder, was in possession of 25 cents of lands in aforesaid survey number and there was a partition of the aforesaid land between the petitioner's father, namely, Subramani and his paternal uncle, namely, Vijayanandhan and his sons.

4. It is further case of the petitioner that in respect of the lands in possession of the petitioner's uncle and his sons, one Ramasamy, who is the father of the respondents 6 and 7, had filed a suit claiming ownership over the lands along with other lands holding by the said Ramasamy. The suit was dismissed, against which an appeal was filed before the Appellate Court, wherein the Appellate Court had remitted the case back to the Trial Court. Aggrieved by the same, the petitioner's uncle had filed C.M.A.No.1544 of 1995 before the Principal Bench of this Court, which was disposed of, as a result of which the claim of the said Ramasamy stood disallowed.

5. It is submitted that the said Ramasamy's daughters/respondents 6 and 7 have, however, sold the property to the fifth respondent, who is now applied for 3/6

layout approval with the official respondent and that the application is being processed without hearing the petitioner.

6. It is further case of the petitioner that the petitioner also sent an objection on 21.04.2025. However, fearing that the orders will be passed without hearing the petitioner, the petitioner has rushed to this Court.

7. Heard the learned counsel for the petitioner and the learned Special Government Pleader for the respondents 1 to 4.

8. This Writ Petition is disposed of, after dispensing with the notice on the private respondents/respondents 5 to 7 as no adverse orders are proposed to be passed, although elaborate submission is made by the learned counsel for the petitioner at the time of admission.

9. The petitioner's objection dated 21.04.2025 with the first respondent is directed to be considered along with the application filed by the fifth respondent for approval of the layout. In case, no such order has already been passed, this 4/6

exercise shall be completed as expeditiously as possible preferably within a period of four weeks from the date of receipt of a copy of this order.

10. The learned Special Government Pleader for the respondents 1 to 4 is directed to orally intimate the content of this order to the respondents 1 to 4 so that no adverse orders are passed, before the printed copy is communicated. 11.This Writ Petition is disposed of, with above directions. No costs. Consequently, connected miscellaneous petition is closed. Index : Yes / No 02.06.2025 Internet : Yes / No apd To

1. The Assistant Director, District Town and Country Planning Authority, Dindigul,

2. The Tahsildar, Vedasandur Taluk Office, 5/6

C.SARAVANAN, J.

apd

3. The Block Development Officer,

4. The Secretary, Kalvarpatti Village Panchayat, Vedasandur Taluk, 02.06.2025 6/6