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Madras High CourtWP(MD)/16359/2025dismissed

Karunakaran C v. District Collector

2025-06-18Honourable Mr Justice C. Saravanan5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 18.06.2025

CORAM

THE HON'BLE MR.JUSTICE C. SARAVANAN C.Karunakaran ... Petitioner Vs.

1.District Collector, Thoothukudi District, Thoothukudi - 628 101.

2.Commissioner, Thoothukudi Corporation, Thoothukudi - 628 002.

3.Assistant Commissioner, South Zone, Thoothukudi Corporation, Thoothukudi - 628 005.

... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India, for issuance of a Writ of Mandamus, directing the second and third respondents to fix the property tax, allot door number and provide water connection to the petitioner's house situated in Survey No.349/1C2B, Korampallam Village, HWP Colony, Muthaiahpuram, Thoothukudi - 628 007, Thoothukudi District by considering the petitioner's petition dated 13.02.2024 and 20.04.2024.

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For Petitioner : Mr.B.Ramkumar Adityan For R1 : Mr.R.Suresh Kumar Additional Government Pleader For R2 & R3 : Mr.N.Anandakumar Standing Counsel *****

O R D E R

The petitioner has filed this Writ Petition for issuance of a Writ of Mandamus, directing the second and third respondents to fix the property tax, allot a door number, and provide a water connection to the petitioner's house situated in Survey No. 349/1C2B, Korampallam Village, HWP Colony, Muthaiahpuram, Thoothukudi - 628007, Thoothukudi District, by considering the petitioner's representations dated 13.02.2024 and 20.04.2024.

2. The petitioner appears to be an ex-serviceman, who has constructed a building on the land purchased by him, without obtaining approval under the provisions of the Tamil Nadu Regularisation of Unapproved Layouts and Plots Rules, 2017, published vide G.O.(Ms) No. 78, Housing and Urban Development [UD4(3)] Department, dated 04.05.2017. The construction put up by the petitioner is also without any Page No. 2 of 5

approval from the second respondent. The petitioner has also constructed the building on an unapproved plot without obtaining the necessary approval for the construction.

3. Under these circumstances, the petitioner made a request for fixation of property tax, which was rejected as early as 15.04.2024. The petitioner has approached this Court seeking the same relief by way of the present Writ Petition. As such, this Writ Petition is liable to be dismissed in view of Rule 15 of the aforesaid Rules. However, liberty is granted to the petitioner to obtain layout approval, i.e., post facto approval, from the respondents in accordance with the aforesaid Rules and the Rules applicable in Thoothukudi District.

4. Accordingly, this Writ Petition stands dismissed. No costs. 18.06.2025 JEN Index : Yes / No Internet : Yes / No Speaking Order / Non-Speaking Order Page No. 3 of 5

To 1.District Collector, Thoothukudi District, Thoothukudi - 628 101.

2.Commissioner, Thoothukudi Corporation, Thoothukudi - 628 002.

3.Assistant Commissioner, South Zone, Thoothukudi Corporation, Thoothukudi - 628 005.

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C.SARAVANAN , J.

JEN 18.06.2025 Page No. 5 of 5