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Madras High CourtWP(MD)/15265/2022disposed of

Dharmaraj. V.K. v. The Assistant Director Cum Member Secretary

2025-11-27Honourable Ms. Justice P.T. Asha6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 27.11.2025

CORAM:

THE HONOURABLE MS.JUSTICE P.T.ASHA V.K.Dharmaraj .. Petitioner Vs.

The Assistant Director Cum Member Secretary, District Town and Country Planning Office, Madurai.

.. Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Certiorarified Mandamus, to call for records relating to the Impugned Order passed by the respondent vide Na.Ka.No.2880/2021/Ma.Thi.2 dated 11.10.2021 and quash the same and consequently direct the respondent to regularized the house site based on the application dated 16.11.2018 within a time frame as fixed by this Court.

For Petitioner : Mr.B.Prahalad Ravi For Respondent : Mrs.S.Jeyapriya Government Advocate

ORDER

This writ petition has been filed for the following relief : "to call for records relating to the Impugned Order passed by the respondent vide Na.Ka.No.2880/2021/Ma.Thi.2 dated 11.10.2021 and quash the same and consequently direct the respondent to regularized the house site based on the application dated 16.11.2018."

2. The case of the petitioner is that he is the absolute owner of the subject property namely unsold house sites / plots situated at Avaniyapuram Village, Madurai South Taluk, Madurai District. He had applied for regularization of the said plots before the respondent on 16.11.2018 enclosing the receipt of regularization fees as prescribed by the respondent and the same was duly acknowledged by the respondent. The total extent of the area wherein the above plots are situated is nearly about 4,452.55 square meters. The petitioner has also enclosed the no objection certificate issued by the Madurai Corporation dated 10.08.2016 and other documents including layout copy along with the application.

3. The petitioner would further submit that the respondent through his communication dated 30.06.2021 has directed the petitioner to produce certain documents as mentioned in the said communication stating that the application for regularization would be considered in due course. Further, the Government vide G.O.No.16 dated 25.01.2021 directed the respondent to order regularisation of the house sites immediately up to 28.02.2021. In contra, the respondent has returned the application vide impugned order, dated 11.10.2021 rejecting the application for regularization on the ground that the fixation was made only in respect of 430/3C pertaining to 1.0 acre in the layout and the application was submitted for regularisation of the plots in rest of the survey numbers measuring an extent of nearly about 12.95 acres. Therefore, the application would be considered after fixation of the land value by the registration office based on the sale and layout said to have been taken place before 20.10.2016. Challenging the same, the petitioner is before this Court.

4. Heard the learned counsels on either side.

5. When the matter is came up for hearing today, the learned counsel for the petitioner submits that the petitioner is ready to comply with the demand made in the impugned order. On receipt of the documents being produced by the petitioner, the respondent is directed to consider the petitioner's application dated 16.11.2018 and pass orders within a period of two (2) months from the date of receipt of copy of the documents from the petitioner.

6. With the above directions, this Writ Petition stands disposed of. No costs.

27.11.2025 NCC : Yes/No Index : Yes/No Internet : Yes gbg To The Assistant Director Cum Member Secretary,

District Town and Country Planning Office, Madurai.

P.T.ASHA, J.

gbg 27.11.2025