Madras High CourtWP(MD)/16276/2025dismissed

M.Venkatachalam v. The Director

2025-06-18Honourable Mr Justice C. Saravanan7 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.06.2025

CORAM:

THE HONOURABLE MR.JUSTICE C.SARAVANAN M.Venkatachalam ... Petitioner Vs

1. The Director, Town and Country Planning, CMDA Office Complex, E and C, Market Road, Srinivasa Nagar, Virugambakkam, Koyambedu, Chennai - 600 107.

2. The Joint Director / Member Secretary, Tiruchirappalli Local Planning Authority, 11, Kajamalai Main Road, Thamarai Nagar, Kajamalai Colony, Tiruchirappalli - 620 023.

3. The Commissioner, Tiruchirappalli City Municipal Corporation, Bharathidasan Road, Cantonment, Tiruchirappalli - 620 001.

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4. The Assistant Commissioner, Srirangam Zone (Ward Office 1), Tiruchirappalli City Municipal Corporation, Srirangam, Tiruchirappalli - 620 006.

5. The District Registrar (Administration), Registration Department, District Court Complex, Cantonment, Tiruchirappalli - 620 001.

6. Joint III Sub Registrar, Joint III Sub Registration Office, Town Hall, Tiruchirappalli - 620 002.

7. Vadivel ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, to direct the respondents 1 to 4 not to entertain any application to be presented by the 7th respondent to get house site layout in respect of the properties comprised in T.S.Nos. 79/4 and 1/3 admeasuring to an extent of Acre 1.38 Cents, Srirangam Zone Limit, Tiruchirappalli (East) Taluk, Tiruchirappalli District.

For petitioner : Mr. Shangar Murali For respondents :Mr.J.K.Jayaseelan Government Advocate for R1 & R2 Mr.K.R.Kishore Ram for R.B. Law Associates for R3 & R4 2/7

Mr.S.Shaji Bino, Special Government Pleader for R5 & R6 Mr.S.Vidhya Sagar for R7 *****

ORDER

This Writ Petition is disposed of at the time of admission.

2. The petitioner is before this Court for a Mandamus to direct the official respondents not to entertain any application of the seventh respondent for house site layout in respect of the properties comprised in T.S.Nos. 79/4 and 1/3 admeasuring to an extent of Acre 1.38 Cents, Srirangam Zone Limit, Tiruchirappalli (East) Taluk, Tiruchirappalli District.

3. It is the specific case of the petitioner that the petitioner has signed an agreement as a developer with the private respondent/seventh respondent herein on 25.05.2022.

4. It is the further case of the petitioner that the petitioner has taken steps for getting approval by obtaining patta, SLR, etc. However, the seventh 3/7

respondent has desired to breach the contract and has now applied for layout approval independently with the official respondents.

5. It is the further case of the petitioner that the petitioner has also filed O.S.No.388 of 2024 before the III Additional District Court, Trichy and the same is pending.

6. Mr.J.K.Jayaseelan, learned Government Advocate takes notice on behalf of respondents 1 and 2, Mr.K.R.Kishore Ram, takes notice on behalf of respondents 3 and 4, Mr.S.Shaji Bino, learned Special Government Pleader takes notice on behalf of respondents 5 and 6 and Mr.S.Vidhya Sagar takes notice on behalf of seventh respondent.

7. It is uniformly stated by the respondents that an application was filed for layout approval by the seventh respondent. However, it has been rejected on account of the technical objection as the document filed by the seventh respondent were incomplete for a long time. The petitioner has rightly invoked jurisdiction of the Civil Court, namely, III Additional District Court, Trichy in 4/7

O.S.No.388 of 2024.

8. Considering the same, the prayer of the petitioner for a Mandamus cannot be countenanced. The order, that has to be passed by the official respondents, will be subject to the order of the Civil Court. Therefore, this Writ Petition is liable to be dismissed.

9. This Writ Petition is dismissed, with above observations. No costs. Index : Yes / No 18.06.2025 Internet : Yes / No apd To