Stephen Muthiah v. The Director Of Town And Country Planning,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26.11.2025

CORAM

THE HONOURABLE MS.JUSTICE P.T.ASHA Writ Petition(MD)No.14039 of 2022 and W.M.P(MD).No.10012/2022 and 23052/2023 A.Stephen Muthiah (died) S.P.Subramanian .. Petitioner (petitioner is substituted vide by this Court order dated 26.11.2025 in W.M.P(MD).No.18946 of 2023 in W.P(MD).No.14039 of 2022) Vs 1.The Director of Town and Country Planning, O/o. the Director of Town and Country Planning, Opposite to LIC, Chengalvarayan Building, Fourth Floor, 807, Anna Salai, Chennai - 600 002.

2.The Deputy Director of Town and Country Planning, O/o. the Deputy Director of Town and Country Planning, Tirunelveli Region, Tirunelveli.

3.The District Collector, Tirunelveli District, Tirunelveli.

4.The Tahsildhar, Ambasamuthiram Taluk, 5.The Sivanthipuram Panchayat, Rep by its Panchayat President, Sivanthipuram Panchayat, 1/5

6.Thiruvavadu Dhurai Adheenam, Rep by its Adheenathar, Mela Ratha Veethi, ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus directing the Respondents 1 to 5 to forbear the Respondent No.6 from converting the Common space earmarked for public utility for the 0.883 Madura Coats Employees Cooperative Housing Society into Commercial Plots and putting up any construction in the open space in survey No.152, in the Agasthiyarpatti, Ambasamuthiram Taluk, Tirunelveli District.

For Petitioner : Mr.M.Mahaboob Fazil for M/s.Lajapathi Roy and Associatess For Respondents : Mr.D.Sasikumar (for R1 to R5) Additional Government Pleader Mr.B.Brijesh Kishore (for R6)

ORDER

This writ petition has been filed seeking Mandamus directing the Respondents 1 to 5 to forbear the sixth respondent from converting the common space earmarked for public utility for the 0.883 Madura Coats Employees Cooperative Housing Society into Commercial Plots and putting up any construction in the open space in survey No.152, in the Agasthiyarpatti, Ambasamuthiram Taluk, Tirunelveli District.

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2. It is informed that the building plan permission has been granted by the local body as early as on 04.02.2022 and the construction has also been put up by the sixth respondent in the premises in question. Therefore, the relief claimed no longer exists.

3. Recording the same, this Writ Petition is dismissed. It is open to the petitioner to work out his remedy in the manner known to law. No costs. Consequently, connected Miscellaneous Petitions are closed. 26.11.2025 NCC : Yes/No (2/2) Index : Yes/No Internet:Yes Rmk To 1.The Director of Town and Country Planning, O/o. the Director of Town and Country Planning, Opposite to LIC, Chengalvarayan Building, Fourth Floor, 807, Anna Salai, Chennai - 600 002.

2.The Deputy Director of Town and Country Planning, O/o. the Deputy Director of Town and Country Planning, Tirunelveli Region, Tirunelveli.

3.The District Collector, Tirunelveli District, Tirunelveli.

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4.The Tahsildhar, Ambasamuthiram Taluk, 5.The Sivanthipuram Panchayat, Rep by its Panchayat President, Sivanthipuram Panchayat, 4/5

P.T.ASHA, J.

Rmk Writ Petition(MD)No.14039 of 2022 26.11.2025 (2/2) 5/5