Chockalingam @ Suresh. S v. The Director Of Town And Country Planning

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :04.08.2025

CORAM:

THE HONOURABLE MRS.JUSTICE S.SRIMATHY W.P(MD)No. 15434 of 2024 S.Chockalingam @ Suresh

...Petitioner

Vs.

1. The Director of Town and Country Planning, C and E Market Road, Koyambedu, Chennai 107.

2. The District Collector, Madurai District, Madurai.

3. The Tahsildar, Madurai North Taluk, Madurai District.

4. The Executive Officer, Paravai Town Panchayat, Paravai, Madurai District.

5. Poongodi,

6. Sundari

7. A.Srimathi

8. S.M.P.Rithiksantron

9. S.M.Prakash Pandian 1/6

10. Nishok (R5 to R10 are Impleaded Vide Court Order of this Court Dated 08.07.2025

...Respondents

PRAYER : Writ Petition is filed under Article 226 of the Constitution of India, praying this court to issue a Writ of Mandamus directing the respondents to conduct enquiry regarding existence of pathway before converting the agricultural lands into non-agricultural lands comprised in S.Nos. 99, 161, 162, 164, 165, 166, Paravai Bit-II Village, Madurai North Taluk, Madurai District in the light of petitioner representation dated 10.06.2024.

For Petitioner : Mr.A.R.Kannappan For Respondents : Mr.K.S.Selvaganesan, Additional Government Pleader, for R-1 to R-4 R-5 No appearance

ORDER

The present Writ Petition has been filed for the issuance of a Writ of Mandamus, Writ of Mandamus directing the respondents to conduct enquiry regarding existence of pathway before converting the agricultural lands into nonagricultural lands comprised in S.Nos. 99, 161, 162, 164, 165, 166, Paravai Bit-II Village, Madurai North Taluk, Madurai District in the light of petitioner representation dated 10.06.2024.

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2. The contention of the petitioner is that the adjacent landowner is converting agricultural land into housing plots without obtaining approval from the appropriate authorities. By doing so, the adjacent landowner is blocking the pathway leading to the petitioner's agricultural land.

3. The Additional Government Pleader appearing for respondents 1 to 4 submitted that the 'A' register does not reflect any pathway to the petitioner's land. However, the absence of such entry cannot be a reason to deny access to the petitioner. Every land or property requires a pathway to reach the destination.

4. While considering the plan approval submitted by the adjacent landowner, the 1st respondent shall ascertain whether an appropriate pathway is provided to the petitioner's agricultural land, as well as to other agricultural lands adjacent to the land proposed to be converted. This is to ensure proper pathway to all agricultural lands in the area. However before deciding the issue, notice shall be issued to all stakeholders, and thereafter, appropriate orders shall be passed within a period of 12 weeks from the date of receipt of a copy of this order. 3/6

5. With this direction this writ petition is disposed of. No Costs. 04.08.2025 NCC : Yes / No Internet : Yes KSA 4/6

To:

1. The Director of Town and Country Planning, C and E Market Road, Koyambedu, Chennai 107.

2. The District Collector, Madurai District, Madurai.

3. The Tahsildar, Madurai North Taluk, Madurai District.

4. The Executive Officer, Paravai Town Panchayat, Paravai, Madurai District.

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S.SRIMATHY , J.

KSA ORDER MADE IN DATED :04.08.2025 6/6