Premalatha A v. The Secretary

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.06.2025

CORAM:

THE HONOURABLE MR.JUSTICE C.SARAVANAN and W.M.P.(MD) No.13027 of 2025 A.Premalatha ... Petitioner Vs

1. The Secretary, Housing and Urban Development Department, Government of Tamil Nadu, Fort St. George,

2. The Director of Town and Country Planning, Directorate of Town and Country Planning, E and C Market Road, Koyembedu,

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

4. The District Collector, Madurai District, Collectorate, Madurai.

1/6

5.P.Chandran ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus to direct the second respondent to consider and pass orders on the petitioner's objection petition, dated 04.06.2025 within the time that may be stipulated by this Court.

For petitioner : Mr.M.Mahaboob Athiff For respondents : Mr.K.R.Badurus Zaman Government Advocate for R1 to R4 *****

ORDER

This Writ Petition is disposed of at the time of admission after hearing the learned counsel for the petitioner and learned Government Advocate for the respondents 1 to 4, after dispensing with the notice on the fifth respondent, who appears to have obtained Planning Permission from the third respondent.

2. It is the case of the petitioner that the petitioner is the owner of the land in Survey No.108/1B1 and 108/1B2, situated at Vilangudi Village, Madurai North Taluk, Madurai, which is adjacent to the land, layout approved by the third respondent in favour of the fifth respondent. 2/6

3. However, the case of the petitioner is that the layout approval has been issued by the third respondent is contrary to the provisions of Rule 25 of the Tamil Nadu Combined Development and Building Rules, 2019, which mandates that in the interest of the public for better movement in the area and also to ensure that development does not block access to the properties around, in cases of large developments where link roads are to be provided for connectivity to the adjoining land areas through the site applied for development, the competent authority reserves the right to insist the applicant to set apart such road spaces within the site and the applicant shall hand over the same, free of cost through a registered gift deed to the Local Body for declaring it as a public road. In such cases, set back space from these roads to the buildings proposed shall be provided as prescribed in these rules.

4. In this connection, the petitioner has given a representation, dated 05.06.2025 with the respondents to re-consider the layout approval given to the fifth respondent by the third respondent.

5. The learned Government Advocate for the respondents 1 to 4 submit that 3/6

the second respondent will consider the aforesaid representation, dated 05.06.2025 of the petitioner and pass appropriate orders, after due notice to the fifth respondent.

6. Recording the same, this Writ Petition stands disposed of by directing the second respondent to dispose of the petitioner's representation, dated 05.06.2025, after due notice to the fifth respondent as expeditiously as possible preferably within a period of six (6) weeks from the date of receipt of a copy of this order.

7. This Writ Petition is disposed of, with the above observations. No costs. Consequently, connected miscellaneous petition is closed. Index : Yes / No 25.06.2025 Internet : Yes / No apd To

1. The Secretary, Housing and Urban Development Department, Government of Tamil Nadu, Fort St. George, 4/6

2. The Director of Town and Country Planning, Directorate of Town and Country Planning, E and C Market Road, Koyembedu,

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

4. The District Collector, Madurai District, Collectorate, Madurai.

5/6

C.SARAVANAN, J.

apd 25.06.2025 6/6