M.Chinna Nachiappan v. The Director Of Town And Country Planning

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 15.10.2025

CORAM:

THE HONOURABLE DR JUSTICE ANITA SUMANTH AND THE HONOURABLE MR. JUSTICE C.KUMARAPPAN W.P(MD)Nos.16730 & 18730 of 2024, W.A(MD)No.2474 of 2024 & Cont.P(MD)No.141 of 2020 and W.M.P(MD)Nos.14475, 14476, 15855, 15857, 15859 & 16599 of 2024 and C.M.P(MD)No.17321 of 2024 W.P(MD)No.16730 of 2024:

M.Chinna Nachiappan ... Petitioner Vs.

1.The Director of Town and Country Planning, No.807, Annasalai, Chennai - 600 002.

2.The District Collector, Madurai District, Madurai.

3.The Member Secretary, Madurai Town and Country Planning Authority, Madurai, Madurai District.

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5.The Madurai Central Market Vegetables and Perishable Commodities Merchants, Co-ordinate Association, Madurai - Represented by its President, S.Manuel Jeyaraj.

... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorari, calling for the records relating to the impugned planning permission in proceedings in Na.Ka.No.2537/2023/Mathi2 dated 04.03.2024 of the first respondent, quash the same. For Petitioners : Mr.AR.L.Sundaresan for Mr.B.Prasanna Vinoth For RR 1 to 3 : Mr.P.Thilak Kumar Government Pleader For R - 4 For R - 5 2.W.P(MD)No.18730 of 2024:

P.Ponnu Ganesan ... Petitioner Vs.

1.The Director of Town and Country Planning, Office of the Director of Town and Country Planning, E & C, Market Salai, CMDA Complex, Koyambedu, Chennai - 107.

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2.The Director of Municipal Administration, Commissionerate of Municipal Administration, No.78, Urban Administrative Building, Santhome High Road, Chennai - 28.

3.The Assistant Director/Member Secretary, Office of the Directorate of Town and Country Planning, Madurai Local Planning Authority, Madurai.

5.The Madurai Central Market Vegetables and Perishable Commodities Merchant Co-ordinated Association, Madurai - Represented by its President, S.Manuel Jeyaraj.

... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorarified Mandamus, to call for the records relating to the impugned order in Na.Ka.No.18941/2023/TCP-1 dated 23.02.2024 along with the site plan passed by the first respondent and proceedings in E2/002626/2024 dated 07.03.2024 passed by the fourth respondent quash the same as illegal and consequently forbear the fifth respondent from putting up any construction in the area earmarked as open space and road as approved by the third respondent in Na.Ka.No.470/07/Mathi 3, dated 31.12.2007 (Planning Permission No.40/2007) at Vilangudi Village, Madurai North Taluk, Madurai.

For Petitioners : Mr.T.Lajapathi Roy for Mr.P.Athimoola Pandian 3/8

For RR 1 to 3 : Mr.P.Thilak Kumar Government Pleader For R - 4 For R - 5 3.W.A(MD)No.2474 of 2024:

PNR Nagar Housing Plots Owners Welfare Association, Registration No.161/2014, Represented by its President, K.Sivanandham.

... Appellant/3rd Party Vs.

1.The Madurai Central Market Vegetables and Perishable Commodities Merchant, Co-ordination Association, Madurai, Represented by its Secretary, A.Balusamy.

... 1st Respondent/Writ Petitioner 2.The Director of Town and Country Planning, Office of the Director of Town and Country Planning, E & C, Market Road, Koyambedu, Chennai - 600 107.

3.The Assistant Director/Member Secretary, Office of the Directorate of Town and Country Planning, Madurai Corporation, Madurai.

5.The Revenue Divisional Officer, Madurai, Madurai District.

6.N.Meyyappan ... Respondents 2 to 6/ Respondents 1 to 5 4/8

PRAYER : Writ Appeal filed under Clause 15 of the Letters Patent against the order dated 08.12.2023 made in W.P(MD)No.26739 of 2023 on the file of this Court.

For Appellant : Mr.A.N.Ramanathan for Mr.M.Suresh For R - 1 For RR 2, 3 & 5 : Mr.P.Thilak Kumar Government Pleader For R - 4 4.Cont.P(MD)No.141 of 2020:

N.Meyappan ... Petitioner/Petitioner vs.

1.Mr.S.Visakan, The Commissioner, 2.Mr.S.Manuel Jeyaraj, The Madurai Central Market Vegetables Perishable Commodities Merchants, Co-ordination Association, Madurai, Represented by its President, S.Manuel Jeyaraj ... Respondents/ Respondents 3 & 4 PRAYER: Contempt Petition filed under Section 11 of Contempt of Courts Act, to punish the respondents for their wilful deliberate disobedience of the order of this Court dated 12.12.2018 in W.P(MD)No.1567 of 2014. 5/8

For Petitioner : Mr.V.Panneer Selvam For R - 1 For R - 2 COMMON ORDER (Order of the Court was made by DR.ANITA SUMANTH, J.) The learned counsel for the Corporation states that steps are ongoing to remove the encroachments in light of the dismissal of SLP by the Hon'ble Supreme Court in S.L.P.No.26010 of 2025 dated 06.10.2025. 2.Since the High Court had granted a period of one month for removal of encroachment, Mr.Isaac Mohanlal, learned Senior Counsel, would request that the period of one month shall run from 06.10.2025. 3.Hence, needful be done prior to 07.11.2025. 4.No further orders are required in these matters. [A.S.M.J.,] & [C.K.J.,] 15.10.2025 Index :Yes/No Internet :Yes ta 6/8

To 1.The Director of Town and Country Planning, No.807, Annasalai, Chennai - 600 002.

2.The District Collector, Madurai District, Madurai.

3.The Member Secretary, Madurai Town and Country Planning Authority, Madurai, Madurai District.

5.The Director of Town and Country Planning, Office of the Director of Town and Country Planning, E & C, Market Salai, CMDA Complex, Koyambedu, Chennai - 107.

6.The Director of Municipal Administration, Commissionerate of Municipal Administration, No.78, Urban Administrative Building, Santhome High Road, Chennai - 28.

7.The Assistant Director/Member Secretary, Office of the Directorate of Town and Country Planning, Madurai Local Planning Authority, Madurai.

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DR.ANITA SUMANTH, J.

AND C.KUMARAPPAN, J.

ta W.P(MD)Nos.16730 & 18730 of 2024, W.A(MD)No.2474 of 2024 15.10.2025 8/8