Chellamuthu v. The District Officer Of Town And Country Planning

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 17.07.2025

CORAM:

THE HONOURABLE MR.JUSTICE C.SARAVANAN and W.M.P.(MD) Nos.14397, 14401 & 15113 of 2025

1. Chellamuthu,

2. Subramani,

3. Lakshmi,

4. Selvakumar,

5. Nithiya,

6. Saraswathi,

7. Chidambaram,

8. Nikil Aswanth.

Manoharan ... Petitioners Vs

1. The District Officer of Town and Country Planning, Town and Country Planning Department, Karur City Municipal Corporation, 1/7

Azad Road, Karur District.

2. The Commissioner, Hindu Religious and Charitable Endowment, Karur District.

3. Karur Pushpatheeswara Swamy Temple, Karur.

... Respondents (R3 is suo motu impleaded vide Order dated 11.7.2025 in W.P.(MD)No.18767 of 2025 by CSNJ).

PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned rejection / return letter, dated 30.01.2025 in File No. 3T2LSOF3/2025/TCP passed by the first respondent in respect of fifth category seeking NOC from second respondent and quash the same and consequently, direct the first respondent to grant DTCP approval of layout comprised in Survey No.290/9A, 290/10 and 290/11A at Inam Karur Village, Karur, within the time frame as fixed by this Court.

For petitioner : Mr. D.S.Haroon Rasheed For respondents : Mr.S.S.Madhavan Additional Government Pleader for R1 & R2 Mr.P.Athimoola Pandian for R3 ***** 2/7

ORDER

This Writ Petition is disposed of at the time of admission with the consent of the learned counsel for the petitioners, learned Additional Government Pleader for the respondents 1 and 2 and learned counsel for the third respondent.

2. The petitioners are aggrieved by the impugned communication, dated 30.01.2025 of the first respondent insofar as the impugned communication has insisted upon the petitioners in getting no objection from the TNHR&CE Department.

3. This Writ Petition was filed by the petitioners without impleading the third respondent and therefore, this Court was suo motu impleaded the third respondent by an order, dated 11.07.2025, pursuant to which today, there is a counsel for the third respondent appears in person.

4. The learned counsel for the third respondent produced a copy of a Town Survey and Land Records (TSLR) insofar as the Survey No.290 in Karur Village, Karur Taluk, Karur District, which has been shown that the land belongs to the 3/7

third respondent temple.

5. As per the copy of the TSLR produced today, there are sufficient indications that about 17.15 acres of land has been endowed in favour of the third respondent by virtue of the Title Deed No.1562, dated 31.05.1962 for Mandra Pushpa Maniam (kind of service) in the third respondent temple.

6. It appears that the deponent Manohar has obtained power of attorney from the petitioner Nos. 1 to 8 and has obtained layout approval under the provisions of the Town and Country Planning Act, 1971, in respect of the lands in survey numbers as detailed below:

S.No.

Vendor Survey No.

Extent (in Acre) 1.

Petitioners 1 and 2 290/11 0.28.1/2 2.

Petitioners 3 to 6 290/9 0.17.1/4 3.

Petitioners 7 and 8 290/10 0.10

7. Thus, it is evident that there is a no dispute as to the title over the land vests with the third respondent. As far as the petitioners are concerned, the 4/7

deponent claims to be a bonafide purchaser of the lands in the above mentioned survey numbers from and out of the land in Survey No.290, Karur Village, Karur Taluk, Karur District. The deponent has also enclosed the Revenue patta issued pursuant to the Sale Deed executed by the petitioners' predecessor's.

8. Since there are disputed question of fact as to the ownership over the land in view of the Title Deed No.1562, dated 31.05.1962, it is for the petitioners to obtain suitable decree from the Civil Court, before the deponent's application can be entertained. Therefore, this Writ Petition is liable to be dismissed with the above liberty.

9. This Writ Petition is disposed of, with the above observations. No costs. W.M.P.(MD) No.14397 of 2025 is allowed. Consequently, connected miscellaneous petitions are closed.

Index : Yes / No 17.07.2025 Internet : Yes / No apd 5/7

To

1. The District Officer of Town and Country Planning, Town and Country Planning Department, Karur City Municipal Corporation, Azad Road, Karur District.

2. The Commissioner, Hindu Religious and Charitable Endowment, Karur District.

3. Karur Pushpatheeswara Swamy Temple, Karur.

6/7

C.SARAVANAN, J.

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