Madras High CourtWP(MD)/914/2018disposed of

Kodaikanal Hotel And Resort v. The State Of Tamil Nadu

2019-08-19Honourable Mr Justice N. Kirubakaran,Honourable Mr Justice G.R.Swaminathan39 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Special Original Jurisdiction ) Monday, the Eleventh day of March Two Thousand Nineteen PRESENT The Hon`ble Mr.Justice N.KIRUBAKARAN and The Hon`ble Mr.Justice G.R.SWAMINATHAN WP(MD)Nos.914 of 2018, 9230,20518,21380, 21681,23088,23236 of 2017, 2212 of 2018, 23417,23771, 23811 of 2017, 46,107,799, 825,860,899,1865,1866,1045,2405,1958,2166, 2167,2257,2258,3386,12562 of 2018, 10668,15297,21796,18921,9088,9089,9090,9160,9173 of 2016 21328,21329,22894,21814,22658,21923,23201,22971,22972,22973,22974, 22101 of 2017,18776,13416/2018, 163/2019 WP(MD)Nos.914 of 2018:

KODAIKANAL HOTEL AND RESORT OWNERS ASSOCIATION, REP. BY ITS SECRETARY, S.ABDUL GANI RAJA ... PETITIONER 1 THE STATE OF TAMIL NADU REP. BY ITS SECRETARY, DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, FORT ST.GEORGE, CHENNAI - 600 009.

2 THE STATE OF TAMIL NADU REP. BY THE PRINCIPAL SECRETARY, DEPARTMENT OF MUNICIPAL ADMINISTRATION AND WATER SUPPLY,FORT ST.GEORGE, CHENNAI - 600 009.

3 THE DISTRICT COLLECTOR, DINDIGUL DISTRICT, DINDIGUL.

4 THE MEMBER SECRETARY/COMMISSIONER, KODAIKANAL MUNICIPALITY AND KODAIKANAL LOCAL PLANNING AUTHORITY, KODAIKANAL, DINDIGUL DISTRICT.

5 THE DIRECTOR O/O. THE DIRECTOR, TOWN AND COUNTRY PLANNING, MOUNT ROAD, CHENNAI.

6 THE DEPUTY DIRECTOR O/O. THE DEPUTY DIRECTOR, TOWN AND COUNTRY PLANNING, MADURAI.

7 THE EXECUTIVE ENGINEER, 8 THE EXECUTIVE OFFICER, VILLUPATTI PANCHAYAT. ... RESPONDENTS R7 is Suo Motu impleaded vide court order dated 10.01.2019. R8 is Suo Motu impleaded vide court order dated 23.01.2019. to issue a Writ of Mandamus, directing the Respondent No.1 to Modify and approve the Master Plan For the Kodaikanal Municipality within the time frame stipulated by this Honble Court. WP(MD). 9230/ 2017:

S.C.SEKAR ... PETITIONER - Vs. - 1 THE PRINCIPAL SECRETARY TO GOVERNMENT OF TAMIL NADU, DEPARTMENT OF MUNICIPAL ADMINISTRATION & WATER SUPPLY, CHENNAI- 600 009.

2 THE COMMISSIONER, KODAIKANAL MUNICIPALITY, KODAIKANAL, DINDIGUL DISTRICT.

3 THE MEMBER SECTRETARY/ THE COMMISSIONER, KODAIKANAL MUNICIPALITY, KODAIKANAL LOCAL PLANNING AUTHORITY, KODAIKANAL, DINDIGUL DISTRICT.

M.VEERAMANI ... PETITIONER

- Vs. - 1 THE PRINCIPAL SECRETARY TO GOVERNMENT, MUNICIPAL ADMINISTRATION AND WATER SUPPLY (NA.NE.1) DEPARTMENT, SECRETARIAT, CHENNAI - 600 009. 2 THE MEMBER SECRETARY / COMMISSIONER, KODAIKANAL MUNICIPALITY, KODAIKANAL LOCAL PLANNING AUTHORITY, DINDIGUL DISTRICT.

3 THE EXECUTIVE ENGINEER TANGEDCO, KODAIKANAL MUNICIPALITY. ... RESPONDENTS (R3 IS SUO MOTU IMPLEADED VIDE COURT ORDER DT.10/01/19) Writ Petition is filed under Article 226 of the Constitution of India, praying this Court To issue a writ of Certiorari calling for the records relating to the impugned order passed by the 1st respondent in his proceedings in Government Letter(pa) No.317/ Na.Ne.1/2017 dated 10.08.2017 and quash the same as illegal, arbitrary.

WP(MD). 21380/ 2017 :

B.LAVANYA ... PETITIONER - Vs. - 1 THE PRINCIPAL SECRETARY TO GOVERNMENT, MUNICIPAL ADMINISTRATION AND WATER SUPPLY (NA.NE.1) DEPARTMENT, SECRETARIAT, CHENNAI - 600 009.

2 THE MEMBER SECRETARY / COMMISSIONER, KODAIKANAL MUNICIPALITY, KODAIKANAL LOCAL PLANNING AUTHORITY, DINDIGUL DISTRICT.

3 THE EXECUTIVE ENGINEER TANGEDCO, KODAIKANAL MUNICIPALITY. ... RESPONDENTS (R3 IS SUO MOTU IMPLEADED VIDE COURT ORDER DT.10/01/19) Prayer in WP(MD). 21380/ 2017 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court To issue a writ of Certiorari calling for the records relating to the impugned order passed by the 1st respondent in his proceedings Government Letter (pa) No.158/Na.Ne.1/2017 dated 12.04.2017 and the consequential impugned order passed by the 2nd respondent in his proceedings Ka.Ma.No.13/2007/F1 dated 15.11.2017 and quash the same as illegal and without jurisdiction.

WP(MD). 21681/ 2017:

A.M.ANSARI ... PETITIONER - Vs. - 1 THE PRINCIPAL SECRETARY TO GOVERNMENT OF TAMIL NADU, DEPARTMENT OF MUNICIPAL ADMINISTRATION & WATER SUPPLY, CHENNAI - 600 009.

2 THE COMMISSIONER, KODAIKANAL MUNICIPALITY, KODAIKANAL, DINDIGUL DISTRICT.

3 THE MEMBER SECRETARY / THE COMMISSIONER, KODAIKANAL MUNICIPALITY, KODAIKANAL LOCAL PLANNING AUTHORITY, KODAIKANAL, DINDIGUL DISTRICT.

K.VASUDEVA RAO ... PETITIONER - Vs. - 1 THE STATE OF TAMILNADU REP. BY THE PRINCIPAL SECRETARY, DEPARTMENT OF MUNICIPAL ADMINISTRATION & WATER SUPPLY, FORT.ST.GEORGE, CHENNAI 600 009.

2 THE DISTRICT COLLECTOR DINDIGUL DISTRICT, DINDIGUL.

3 THE MEMBER SECRETARY / COMMISSIONER, KODAIKANAL MUNICIPALITY AND KODAIKANAL LOCAL PLANNING AUTHORITY, KODAIKANAL, DINDIGUL DISTRICT.

4 THE EXECUTIVE ENGINEER TANGEDCO, KODAIKANAL MUNICIPALITY. ... RESPONDENTS (R4 IS SUO MOTU IMPLEADED VIDE COURT ORDER DT.10/01/19)

Prayer in WP(MD). 23088/ 2017 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court To issue a Writ of Certiorari to call for the records pertaining to the Impugned order in Govt.Letter (P) No.94 /NaNi.1/2017 dated 02.03.2017 on the file of the respondent No.1 and the consequential order in Na.Ka.No.2768/2007/F1 dated 13.11.2017 on the file of the respondent No.3 and quash the same as illegal.

WP(MD) No.23236 of 2017 R.JAYABALAN ... PETITIONER 1 THE STATE OF TAMIL NADU REP. BY ITS SECRETARY, DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, FORT.ST.GEORGE, CHENNAI 600 009.

2 THE MEMBER SECRETARY, KODAIKANAL LOCAL PLANNING AUTHORITY, KODAIKANAL, DINDIGUL DISTRICT.

3 THE EXECUTIVE ENGINEER (R3 IS SUO MOTU IMPLEADED VIDE COURT ORDER DATED.10/01/19) ... RESPONDENTS to issue a Writ of Mandamus to forebear the 2nd respondent from taking any coercive action against the petitioners building in Survey Nos.50/3A2 and 30/1A2, Block No.18, Ward C Kodaikanal, Dindigul District, pending final determination of the retention application preferred by the petitioner on 05.12.2017 in light of Section 56(4) of the Tamil Nadu Town and Country Planning, 1971. WP(MD) No.2212 of 2018 R.JEYABALAN ... PETITIONER 1 THE STATE OF TAMIL NADU, REP BY ITS SECRETARY, DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, FORT ST.GEORGE,CHENNAI-600 009.

2 THE MEMBEERS SECRETARY/ COMMISSIONER, KODAIKANAL LOCAL PLANNING AUTHORITY, KODAIKANAL, DINDIGUL DISTRICT.

3 THE EXECUTIVE ENGINEER (R3 IS SUO MOTU IMPLEADED VIDE COURT ORDER DATED.10/01/19) ... RESPONDENTS to issue a Writ of Certiorari calling for the records relating to the impugned proceedings of the 2nd respondent in Ka.Ma.No.121/2009/F1 dated 27/12/2017 and quash the same as illegal and pass such further or other orders.

WP(MD) No.23417 of 2017 P.BALASUBRAMANIAM ... PETITIONER 1 THE PRINCIPAL SECRETARY TO GOVT., MUNICIPAL ADMINISTRATION AND WATER SUPPLY (NA.NE.1) DEPT., SECRETARIAT, CHENNAI.600 009.

2 THE MEMBER SECRETARY/ COMMISSIONER, KODAIKANAL MUNICIPALITY, KODAIKANAL LOCAL PLANNING AUTHORITY, DINDIGUL DISTRICT.

3 THE EXECUTIVE ENGINEER (R3 IS SUO MOTU IMPLEADED VIDE COURT ORDER DATED.10/01/19) ... RESPONDENTS to issue a Writ of Certiorari calling for the records relating to the impugned order passed by the 1st respondent in his proceedings Government Letter (Pa) No.163/Na.Ne.1/2017 dated 12.04.2017 and the consequential impugned order passed by the 2nd respondent in his proceedings Na.Ka.No.2859/2007/F1 dated 15.11.2017 and without jurisdiction.

WP(MD) No.23771 of 2017 K.MEENA ... PETITIONER 1 THE PRINCIPAL SECRETARY TO GOVT., MUNICIPAL ADMINISTRATION AND WATER SUPPLY DEPARTMENT, ST.GEORGE, FORT, CHENNAI.

2 THE COMMISSIONER OF MUNICIPALITY, KODAIKANAL MUNICIPALITY, DINDIGUL DISTRICT.

3 THE EXECUTIVE ENGINEERQ (R3 IS SUO MOTU IMPLEADED VIDE COURT ORDER DATED.10/01/19) ... RESPONDENTS Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to Writ Petition is filed under Article 226 of the Constitution of India, praying this Court To issue a Writ of Certiorarified Mandamus to call for the records pertaining to the impugned Government Letter of the 1st Respondent in Pa.No.627/Na.Nee1/2015 dated 27.10.2015 and a consequential impugned Notice in Na.Ka.No.2923/2007/F1 dated 13.11.2017 issued by the 2nd Respondent and quash the same and consequently direct the 2nd Respondent to forward the application of the Petitioner dated 04.06.

2003 seeking building plan approval to the district committee for Architectural and Aesthetic aspects for approval in terms of rule 27(A) and 27 (B) of Tamil Nadu District Municipalities Hills Station Building Rules 1993. WP(MD) No.23811 of 2017 T.GANESAN ... PETITIONER 1 THE COMMISSIONER KODAIKANAL LOCAL PLANNING AUTHORITY, KODAIKANAL MUNCIPALITY, KODAIKANAL 624 101, DINDIGUL DISTRICT.

2 THE DEPUTY DIRECTOR, TOWN AND COUNTRY PLANNING AUTHORITY, 4, HAKKIM AJMALKHAN ROAD, CHINNA CHOKKIKULAM, MADURAI 625 002.

3 THE STATE OF TAMILNADU REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, FORT.ST.GEORGE, CHENNAI 600 009.

4 THE EXECUTIVE ENGINEER, (R4 IS SUO MOTU IMPLEADED VIDE COURT ORDER DATED.10/01/19) ... RESPONDENTS to issue a Writ of Certiorarified Mandamus to call for the records

relating to the order of the 3rd Respondent dated 20.10.2017 made in Government letter (pa) No.425/nani1/2017 confirming the order of the 1st Respondent dated 23.03.2017 made in A.Ka.No.5/2017/F1 and quash the same and issue further direction not to take any coercive steps as expressed in the proceedings of the 1st Respondent dated 23.03.2017 in A.Ka.No.5/2017/F1 and thus render justice. WP(MD) No.46 of 2018 S.ESWARI ... PETITIONER 1 THE GOVERNMENT OF TAMIL NADU REP. BY ITS PRINCIPAL SECRETARY TO THE GOVERNMENT, DEPARTMENT OF MUNICIPAL ADMINISTRATION AND WATER SUPPLY, FORT ST.GEORGE, CHENNAI.

2 THE COMMISSIONER, KODAIKANAL MUNICIPALITY, KODAIKANAL.

(R2 IS SUO MOTU IMPLEADED VIDE COURT ORDER DATED.22/01/18 IN WP(MD)46/18) 3 THE EXECUTIVE ENGINEER (R3 IS SUO MOTU IMPLEADED VIDE COURT ORDER DATED.10/01/19) ... RESPONDENTS to issue a writ of Mandamus, directing the respondent to consider and pass orders on the exemption application submitted by the petitioner under section 113 of Tamil Nadu Town and Country Planning Act 1971, and consequently forbearing the respondent or any of his subordinates from taking any coercive action against the petitioner's property in T.S.No.9, Ward No.C, Block No.22, Kodaikanal, pending disposal of the exemption application submitted by the petitioner under section 113 of Tamil Nadu Town and country planning Act 1971, in (WP.MD No.8453 of 2013 dated 01.09.2017) and by the Hon'ble Supreme Court in The Commissioner Vs Dr.I.Ismail 2017 5 CTC 558.

WP(MD) No.107 of 2018 K.P.DURAISAMY ... PETITIONER 1 THE PRINCIPAL SECRETARY MUNICIPAL ADMINISTRATION AND WATER DISTRIBUTION DEPARTMENT, FORT ST. GEORGE, CHENNAI - 9

2 THE MEMBER SECRETARY / COMMISSIONER, KODAIKANAL LOCAL PLANNING AUTHORITY, DINDIGUL DISTRICT.

3 THE DISTRICT COLLECTOR, DINDIGUL DISTRICT.

4 THE EXECUTIVE ENGINEER (R4 IS SUO MOTU IMPLEADED VIDE COURT ORDER DATED.10/01/19) ... RESPONDENTS to issue a writ of Certiorari calling for the records relating to the impugned order of the 3rd respondent in Na.Ka.No.2999/2007/F1 dated 07.07.2015 and consequential order of the 1st respondent in Government Letter No.631/Na.Ni.1/2015 dated 27.10.2015 and the consequential order of the 3rd respondent in Na.Ka.No.2999/2007/F1 dated 20.11.2017 and to quash the same as illegal and without jurisdiction.

WP(MD) No.799 of 2018 P.MANI ... PETITIONER 1 THE PRL. SECRETARY TO GOVT.

GOVT. OF TAMIL NADU, MUNICIPAL ADMINISTRATION AND WATER SUPPLY DEPARTMENT, SECRETARIAT, FORT. ST. GEORGE, CHENNAI.

2 THE SECRETARY, HOUSING AND URBAN DEVELOPMENT DEPARTMENT, CHENNAI.

3 THE DIRECTOR OF TOWN AND COUNTRY PLANNING, OPP. TO LIC, CHENGALVARAYAN BUILDING 4TH FLOOR, 807, ANNA SALAI, CHENNAI - 600 002.

4 THE MEMBER SECRETARY / COMMISSIONER, KODAIKANAL LOCAL PLANNING AUTHORITY, KODAIKKANAL MUNICIPALITY, KODAIKKANAL, DINDIGUL DISTRICT.

5 THE EXECUTIVE ENGINEER (R5 IS SUO MOTU IMPLEADED VIDE COURT ORDER DATED.10/01/19) ... RESPONDENTS

to issue a writ of Certiorarified Mandamus calling for the records relating to the impugned order passed by the 4th respondent in his proceedings Ka.Ma.No.65/2015/F1, Ka.Ma.No.66/2012/F1, Ka.Ma.No.87/2013/F1, Ka.Ma.No.89/2013/F1 dated 27.12.2017 and quash the same as illegal and consequently directing the respondents 1 & 2 to approve the new master plan for Kodaikanal Local Planning Area within a time frame fixed by this Hon'ble Court. WP(MD) No.825 of 2018 P. MAYILEESWARAN ... PETITIONER 1 THE COMMISSIONER, KODAIKANAL MUNICIPALITY AND CHAIRMAN OF THE LOCAL PLANNING COMMITTEE, MUNICIPAL OFFICE BUILDINGS, KODAIKANAL, DINDIGUL DISTRICT.

2 THE EXECUTIVE ENGINEER (R2 IS SUO MOTU IMPLEADED VIDE COURT ORDER DATED.10/01/19) ... RESPONDENTS to issue a writ of Certiorari calling for the records pertaining to the order passed by the respondent dated in Nil reference no and quash the same WP(MD) No.860 of 2018 R.SARAS ... PETITIONER 1 THE PRINCIPAL SECRETARY TO GOVERNMENT, GOVT. OF TN, MUNICIPAL ADMINISTRATION AND WATER SUPPLY DEPT., SECRETARIAT, FORT ST. GEORGE, CHENNAI.

2 THE SECRETARY, HOUSING AND URBAN DEVELOPMENT DEPARTMENT, CHENNAI.

3 THE DIRECTOR OF TOWN AND COUNTRY PLANNING, OPP. TO LIC, CHENGALVARAYAN BUILDING, 4TH FLOOR, 807, ANNA SALAI, CHENNAI - 600 002.

4 THE MEMBER SECRETARY / COMMISSIONER, KODAIKANAL LOCAL PLANNING AUTHORITY, KODAIKANAL MUNICIPALITY, KODAIKANAL, DINDIGUL DISTRICT.

5 THE EXECUTIVE ENGINEER (R5 IS SUO MOTU IMPLEADED VIDE COURT ORDER DATED.10/01/19) ... RESPONDENTS to issue a writ of Certiorari calling for the records relating to the impugned order passed by the 4th respondent in his proceedings Ka.Ma.No.24/2012/F1, Ka.Ma.No.25/2012/F1 dated 27.12.2017 and quash the same as illegal and consequently directing the respondents 1 & 2 to approve the new master plan for Kodaikanal Local Planning Area within a time frame fixed by this Hon'ble Court. WP(MD) No.899 of 2018 M.VEERAMANI ... PETITIONER 1 THE PRINCIPAL SECRETARY TO GOVT., GOVT. OF TN, MUNICIPAL ADMINISTRATION AND WATER SUPPLY DEPT., SECRETARIAT, FORT ST.GEORGE, CHENNAI.

2 THE SECRETARY, HOUSING AND URBAN DEVELOPMENT DEPT., CHENNAI. 3 THE DIRECTOR OF TOWN AND COUNTRY PLANNING, OPP. TO LIC, CHENGALVARAYAN BUILDING, 4TH FLOOR, 807, ANNA SALAI, CHENNAI - 600 002.

4 THE MEMBER SECRETARY / COMMISSIONER, KODAIKANAL LOCAL PLANNING AUTHORITY, KODAIKKANAL MUNICIPALITY, KODAIKKANAL, DINDIGUL DISTRICT.

5 THE EXECUTIVE ENGINEER (R5 IS SUO MOTU IMPLEADED VIDE COURT ORDER DATED.10/01/19) ... RESPONDENTS to issue a writ of Certiorarified mandamus calling for the records relating to the impugned order passed by the 4th respondent in his

proceedings Ka.Ma.No.154/2012/F1 dated 27.12.2017 and quash the same as illegal and consequently directing the respondents 1 & 2 to approve the new master plan for Kodaikanal Local Planning Area within a time frame fixed by this Hon'ble Court. WP(MD) No.1865 of 2018 C. JEYAPAUL ... PETITIONER 1 THE PRINCIPAL SECRETARY TO GOVERNMENT, MUNICIPAL ADMINISTRATION AND WATER SUPPLY(NA.NE.1) DEPT., SECRETARIAT, CHENNAI-600 009.

2 THE SECRETARY HOUSING AND URBAN DEVELOPMENT DEPARTMENT, CHENNAI.

3 THE DIRECTOR OF TOWN AND COUNTRY PLANNING, OPPOSITE TO LIC, CHENGALVARAYAN BUILDING, 4TH FLOOR, 807, ANNA SALAI, CHENNAI-600 002.

4 THE MEMBER SECRETARY/ COMMISSIONER, KODAIKANAL MUNICIPALITY, KODAIKANAL LOCAL PLANNING AUTHORITY, DINDIGUL DISTRICT.

5 THE EXECUTIVE ENGINEER (R5 IS SUO MOTU IMPLEADED VIDE COURT ORDER DATED.10/01/19) ... RESPONDENTS to issue a writ of Certiorarified Mandamus call for the records relating to the impugned order passed by the 1st respondent in his proceedings Government Letter (pa) No.510/Na.Ne.1/2017 dated 28.12.2017 and quash the same as illegal and without jurisdiction and consequently directing the respondents 1 and 2 to approve the new master plan for Kodaikanal Local Planning Area within a time frame fixed by this Hon'ble Court WP(MD) No.1866 of 2018 B.LAVANYA ... PETITIONER

1 THE PRINCIPAL SECRETARY TO GOVT., GOVT OF TAMIL NADU, MUNICIPAL ADMINISTRATION AND WATER SUPPLY DEPARTMENT, SECRETARIAT, FORT.ST.GEORGE, CHENNAI.

2 THE SECRETARY, HOUSING & URBAN DEVELOPMENT DEPARTMENT, CHENNAI.

3 THE DIRECTOR OF TOWN AND COUNTRY PLANNING, OPP. TO LIC, CHENGALVARAYAN BUILDING, 4TH FLOOR, 807, ANNA SALAI, CHENNAI 600 002.

4 THE MEMBER SECRFETARY/ COMMISSIONER, KODAIKKANAL LOCAL PLANNING AUTHORITY, KODAIKKANAL MUNICIPALITY, KODAIKKANAL, DINDIGUL DISTRICT.

5 THE EXECUTIVE ENGINEER (R5 IS SUO MOTU IMPLEADED VIDE COURT ORDER DATED.10/01/19) ... RESPONDENTS to issue a Writ of Mandamus to direct the respondents 1 & 2 to approve and publish in the official gazette the new master plan for Kodaikanal Local Planning Area within a time. WP(MD) No.1045 of 2018 A.ABDULMALICK ... PETITIONER 1 THE PRINCIPAL SECRETARY TO GOVERNMENT, GOVERNMENT OF TAMIL NADU, MUNICIPAL ADMINISTRATION AND WATER SUPPLY DEPARTMENT, SECRETARIAT, FORT ST.GEORGE, CHENNAI.

2 THE SECRETARY, HOUSING AND URBAN DEVELOPMENT, CHENNAI.

3 THE DIRECTORATE OF TOWN AND COUNTRY PLANNING, OPPOSITE TO LIC, CHENGALVARAYAN BUILDING, 4TH FLOOR, 807, ANNA SALAI, CHENNAI - 600 002.

4 THE MEMBER SECRETARY/ COMMISSIONER, KODAIKANAL LOCAL PLANNING AUTHORITY, KODAIKANAL MUNICIPALITY, KODAIKANAL, DINDIGUL DISTRICT.

5 THE EXECUTIVE ENGINEER, (R5 IS SUO MOTU IMPLEADED VIDE COURT ORDER DATED.10/01/19) ... RESPONDENTS to issue a Writ of Certiorari calling for the records relating to the impugned order passed by the 4th respondent in his proceedings in Na.ka.No.2762/2007/F1 dated 27.12.2017 and quash the same as illegal and consequently directing the respondents 1 and 2 to approve the new master plan for Kodaikanal Local Planning Area within a time frame fixed by this Hon'ble Court. WP(MD) No.2405 of 2018 1 TMT. KANNAMMAL EDUCATIONAL TRUST, REP.BY ITS MANAGING TRUSTEE, TMT.S.LALITHA LAKSHMI, ... PETITIONER 1 THE PRINCIPAL SECRETARY TO GOVERNMENT, MUNICIPAL ADMINISTRATION AND WATER SUPPLY(NA.NE.1)DEPT, SECRETARIAT, CHENNAI-600 009.

2 THE SECRETARY HOUSING & URBAN DEVELOPMENT DEPARTMENT,CHENNAI. 3 THE DIRECTOR OF TOWN AND COUNTRY PLANNING, OPPOSITE TO LIC, CHENGALVARAYAN BUILDING, 4TH FLOOR, 807, ANNA SALAI, CHENNAI-600 002.

4 THE MEMBER SECRETARY/ COMMISSIONER KODAIKANAL MUNICIPALITY, KODAIKANAL LOCAL PLANNING AUTHORITY, DINDIGUL DISTRICT.

5 THE DISTRICT COLLECTOR, DINDIGUL DISTRICT, DINDIGUL.

6 THE EXECUTIVE ENGINEER (R6 IS SUO MOTU IMPLEADED VIDE COURT ORDER DATED.10/01/19) ... RESPONDENTS to issue an order of orders or directions or writs in the nature of writ of Certiorarified Mandamus call for the records relating to the

impugned order passed by the 1st respondent in his proceedings Government Letter(pa).No.303/Na.Ne.1/2016 dated 15/07/2016 and consequential impugned order passed by the 4th respondent in his proceedings Ka.Ma.No.45/2012/F1 dated 13/11/2017 and quash the same as illegal and without jurisdiction and consequently directing the respondents 1 & 2 to approve the new master plan for kodaikanal local planning Area Within a time frame fixed by this Hon'ble Court. WP(MD) No.1958 of 2018 VASANTHARAJAN ... PETITIONER 1 THE PRINCIPAL SECRETARY TO GOVT, HOUSING AND URBAN DEVELOPMENT DEPARTMENT, GOVT.OF TAMILNADU, FORT ST.GEORGE, CHENNAI-600 009.

2 THE PRINCIPAL SECRETARY TO GOVT, MUNICIPAL ADMINISTRATION AND WATER SUPPLY DEPARTMENT, GOVT.OF TAMILNADU, FORT ST.GEORGE, CHENNAI-600 009.

4 THE DEPUTY DIRECTOR, TOWN AND COUNTRY PLANNING 4, HAKKIM AJMALKHAN ROAD, CHINNACHOKKIKULAM, MADURAI.

5 THE MEMBER SECRFETARY/ COMMISSIONER, KODAIKANAL LOCAL PLANNING AUTHORITY, KODAIKANAL MUNICIPALITY, KODAIKANAL.

6 THE DISTRICT COLLECTOR, DINDIGUL DISTRICT, DINDIGUL.

7 THE EXECUTIVE ENGINEER, (R7 IS SUO MOTU IMPLEADED VIDE COURT ORDER DATED.10/01/19) ... RESPONDENTS to issue a Writ of Mandamus calling for the records relating to the impugned notice issued by the 5th respondent in Na.Ka.No.2855/2007/F1 dt.13/11/2017 and quash the same as illegal and consequently directing the Respondents 1 and 2 to implement the new master plan for Kodaikanal Local Planning Area within a time.

WP(MD) No.2166 of 2018 GULAM HASSAN ... PETITIONER 1 THE STATE OF TAMIL NADU REP. BY THE PRINCIPAL SECRETARY DEPARTMENT OF MUNICIPAL ADMINISTRATION AND WATER SUPPLY, FORT ST.GEORGE, CHENNAI - 600 009.

2 THE DISTRICT COLLECTOR DINDIGUL DISTRICT, DINDIGUL.

3 THE MEMBER SECRETARY / COMMISSIONER, KODAIKANAL MUNICIPALITY AND KODAIKANAL LOCAL PLANNING AUTHORITY, KODAIKANAL, DINDIGUL DISTRICT.

4 THE EXECUTIVE ENGINEER (R4 IS SUO MOTU IMPLEADED VIDE COURT ORDER DATED.10/01/19) ... RESPONDENT to issue a Writ of Certiorarified Mandamus to call for the records pertaining to the impugned order in Na.Ka.No. 3310/2007/F1 dated 08.07.2015 on the file of the respondent No. 3 and the consequential Impugned order in 3310/2007/F1 dated 27.12.2017 on the file of the respondent No.3 and quash the same as illegal and consequently forbear the respondent from sealing the petitioners building in Survey No. 381, T.S.No. 7, Block 2 ward D at P.T.Road, Kodaikanal Taluk, Dindigul District until the disposal of the petitioners application under section 80 A of the Tamil Nadu Town and Country Planning Act 1971 within time frame stipulated by this Hon'ble Court.

WP(MD) No.2167 of 2018 MOHAMMED RAFIQ KATHWARI ... PETITIONER 1 THE STATE OF TAMILNADU REP. BY THE PRINCIPAL SECRETARY, DEPARTMENT OF MUNICIPAL ADMINISTRATION & WATER SUPPLY, FORT.ST.GEORGE, CHENNAI 600 009.

2 THE DISTRICT COLLECTOR, DINDIGUL DISTRICT, DINDIGUL

3 THE MEMBER SECRETARY / COMMISSIONER, KODAIKANAL MUNICIPALITY AND KODAIKANAL LOCAL PLANNING AUTHORITY, KODAIKANAL, DINDIGUL DISTRICT.

4 THE EXECUTIVE ENGINEER (R4 IS SUO MOTU IMPLEADED VIDE COURT ORDER DATED.10/01/19) ... RESPONDENTS to issue a Writ of Certiorarified Mandamus to call for the records pertaining tot he impugned order in Na.Ka.No.3309/2007/F1- dated 08.07.2015 on the file of the respondent No.3 and the consequential impugned order in 3309/2007/F1 dated 27.12.2017 on the file of the respondent No.3 and quash the same as illegal and consequently forbear the respondents from sealing the petitioners building in Survey No.381, T.S.No.7, Block 2 ward D at P.T.Road, Kodaikanal Taluk, Dindigul District pending the disposal of the application of the petitioner under section 80 A Tamil Nadu Town Country Planning Act 1971 within the time frame stipulated by this Hon'ble Court. WP(MD) No.2257 of 2018 1 G.M.PATHI NATHAN 2 G.M.MICHEAL ... PETITIONERS 1 THE STATE OF TAMILNADU REPRESENTED BY THE PRINCIPAL SECRETARY DEPARTMENT OF MUNICIPAL ADMINISTRATION & WATER SUPPLY, FORT ST. GEORGE, CHENNAI - 600 009.

2 THE DISTRICT COLLECTOR, DINDIGUL DISTRICT, DINDIGUL.

3 THE MEMBER SECRETARY/ COMMISSIONER KODAIKANAL MUNICIPALITY AND KODAIKANAL LOCAL PLANNING AUTHORITY, KODAIKANAL, DINDIGUL DISTRICT.

4 THE EXECUTIVE ENGINEER, (R4 IS SUO MOTU IMPLEADED VIDE COURT ORDER DISTRICT.10/01/19) ... RESPONDENTS

to issue Writ of Mandamus directing the respondents to remove the lock and seal for the petitioners building in survey No.9/1, Ward - D, Block No.6, Goodwill Road, Kodaikanal Taluk, Dindigul District in light of the application made by the petitioner dated 05.01.2018 under section 80 (A) of the Tamil Nadu Town and Country planning Act 1971 and pass such further or other orders WP(MD) No.2258 of 2018 1 G.M.PATHI NATHAN 2 G.M.MICHEAL ... PETITIONERS 1 THE STATE OF TAMIL NADU REP. BY THE PRINCIPAL SECRETARY, DEPARTMENT OF MUNICIPAL ADMINISTRATION AND WATER SUPPLY, FORT ST.GEORGE, CHENNAI - 9.

2 THE DISTRICT COLLECTOR, DINDIGUL DISTRICT, DINDIGUL.

3 THE MEMBER SECRETARY / COMMISSIONER, KODAIKANAL MUNICIPALITY AND KODAIKANAL LOCAL PLANNING AUTHORITY, KODAIKANAL, DINDIGUL DISTRICT.

4 THE EXECUTIVE ENGINEER (R4 IS SUO MOTU IMPLEADED VIDE COURT ORDER DATED.10/01/19) ... RESPONDENTS to issue a Writ of Mandamus, directing the respondents to exempt the petitioners building in survey No. 9/1, Ward -D, Block No.6 Goodwill Road, Kodaikanal Taluk, Dindigul District in light of the application made by the petitioner dated 05.01.2018 under section 113(A) of the Tamil Nadu Town and Country planning Act 1971. WP(MD) No.3386 of 2018 1 KODAIKANAL BOAT & ROWING CLUB REP.BY ITS PRESIDENT, V.R.RAMACHANDRADORAI RAJA, ... PETITIONER 1 THE STATE OF TAMILNADU, REP.BY THE PRINCIPAL SECRETARY, DEPARTMENT OF MUNICIPAL ADMINISTRATION & WATER SUPPLY, FORT.ST.GEORGE, CHENNAI-600 009.

2 THE MEMBER SECRETARY/ COMMISSIONER, KODAIKANAL MUNICIPALITY, KODAIKANAL TALUK, DINDIGUL DISTRICT.

3 THE EXECUTIVE ENGINEER (R3 IS SUO MOTU IMPLEADED VIDE COURT ORDER DATED.10/01/19) ... RESPONDENTS to issue a Writ of Certiorari to call for the records pertaining to the impugned order in Ka.Ma.No.2/2011/F1 dated -/08/2017 signed on 20/11/2017 on the file of the respondent No.2 and quash the same as illegal.

WP(MD) No.12562 of 2018 P.SELVAKUMAR ... PETITIONER 1 THE PRINCIPAL SECRETARY TO GOVERNMENT, GOVERNMENT OF TAMIL NADU, MUNICIPAL ADMINISTRATION AND WATER SUPPLY DEPARTMENT, SECRETARIAT, FORT ST. GEORGE, CHENNAI.

2 THE SECRETARY TO GOVERNMENT, HOUSING & URBAN DEVELOPMENT DEPARTMENT, SECRETARIAT, CHENNAI.

3 THE DIRECTOR OF TOWN AND COUNTRY PLANNING, OPPOSITE TO LIC, CHENGALVARAYAN BUILDING, 4TH FLOOR, 807, ANNA SALAI, CHENNAI - 600 002.

4 THE PRINCIPAL SECRETARY TO GOVERNMENT, MUNICIPAL ADMINISTRATION AND WATER SUPPLY (NA.NE.1) DEPT, SECRETARIAT, CHENNAI - 600009.

5 THE MEMBER SECRETARY/ COMMISSIONER, KODAIKANAL MUNICIPALITY, KODAIKANAL LOCAL PLANNING AUTHORITY, DINDIGUL DISTRICT.

6 THE EXECUTIVE ENGINEER, (R6 IS SUO MOTU IMPLEADED VIDE COURT ORDER DATED.10/01/19) ... RESPONDENTS

to issue Writ of Certiorarified Mandamus calling for the records relating to the impugned order passed by the 4th respondent in his proceedings Government Letter (pa) No.160/Na.Ne.1/2018 dated 16.04.2018 and quash the same as illegal and consequently directing the respondents 1 & 2 to approve the new master plan for Kodaikanal Local Planning Area within a time frame fixed WP(MD) No.10668 of 2016 N.K.KONDALSAMY NAIDU ... PETITIONER 1 THE SECRETARY TO GOVERNMENT HOUSING AND URBAN DEVELOPMENT DEPARTMENT, FORT.ST.GEORGE, CHENNAI 600 009.

2 THE MEMBER SECRETARY / THE COMMISSIONER, KODAIKANAL TOWN PLANNING AUTHORITY, KODAIKANAL MUNICIPALITY, KODAIKANAL.

3 THE EXECUTIVE ENGINEER (R3 IS SUO MOTU IMPLEADED VIDE COURT ORDER DATED.10/01/19) ... RESPONDENTS to issue a Writ of mandamus forbearing the 2nd respondent from in any manner interfering with the peaceful possession and enjoyment of premises located at T.S.No.13/2 A (R.s.No.63 Part) Kodaikanal Town to the extent of 0.50 Acres, particularly by way of locking, sealing and demolition, pending final determination of the Appeal filed by the petitioner dated 15.04.2016, with the respondent under Section 80-A of the Tamil Nadu Town and Country Planning Act, 1971. WP(MD) No.15297 of 2016 M.KASIM ... PETITIONER 1 THE STATE OF TAMILNADU REP. BY ITS SECRETARY, DEPT. OF MUNICIPAL ADMINISTRATION, FORT ST. GEORGE, CHENNAI-09.

2 THE MUNICIAPL COMMISSIONER, KODAIKANAL MUNICIPALITY, LADE ROAD, KODAIKANAL, DINDIGUL DISTRICT.

3 THE EXECUTIVE ENGINEER (R3 IS SUO MOTU IMPLEADED VIDE COURT ORDER DATED.10/01/19) ... RESPONDENTS to issue a Writ of Certiorarified Mandamus, calling for records relating to the impugned proceedings of the 2nd respondent in his proceedings in Na.Ka. NO. 2886/ 2007/F1 dated 29.02.2016 and quash the same as illegal and consequently forbear the respondents from taking any coercive action in respect of the Petitioners hotel Hotel Ruby International in R.S. NO. 389/PT, Munngikal, Kodaikanal, pending disposal of the retention application submitted by the petitioner dated 28.06.2007 under section 49 r/w section 56/3 of Tamil Nadu Act 35 of 1972.

WP(MD)No.21796/2016:

R.USHA RANI ... PETITIONER THE MEMBER SECRETARY / COMMISSIONER, KODAIKANAL MUNICIPALITY, KODAIKANAL LOCAL PLANNING AUTHORITY, DINDIGUL DISTRICT ... RESPONDENT to issue an order or orders or directions or writs in the nature of writ of Certiorari calling for the records relating to the impugned order passed by the respondent in his proceedings Ka.Ma.No.73/2003/F1, Ka.Ma.No.74/2006/F1, Ka.Ma.No.75/2006/F1, Ka.Ma.No.83/2013/F1 dated 08.09.2016 which was served upon the petitioner on 01.11.2016 and quash the same as illegal and without jurisdiction.

WP(MD) No.18921 of 2016 LESLY INVICTA ... PETITIONER - Vs1 THE PRINCIPAL SECRETARY TO GOVERNMENT OF TAMIL NADU, DEPARTMENT OF MUNICIPAL ADMINISTRATION & WATER SUPPLY, CHENNAI - 600 009.

2 THE COMMISSIONER, KODAIKANAL MUNICIPALITY, KODAIKANAL, DINDIGUL DISTRICT.

3 THE MEMBER SECRETARY/ THE COMMISSIONER, KODAIKANAL MUNICIPALITY, KODAIKANAL LOCAL PLANNING AUTHORITY, KODAIKANAL, DINDIGUL DISTRICT.

4 THE EXECUTIVE ENGINEER, (R4 IS SUO MOTU IMPLEADED VIDE COURT ORDER DATED.10/01/19) ... RESPONDENTS to issue a Writ of Certiorari call for the records from the 2nd & 3rd respondents in their proceedings in B.A.No.48/2014/F1 dated 21.06.2016 & Ka.Ma.No.48/2014/F1, dated 21.06.2016 and quash the same.

WP(MD) No.9088 of 2016 A.ABDUL MALICK ... PETITIONER 1 THE PRINCIPAL SECRETARY TO GOVERNMENT, MUNICIPAL ADMINISTRATION AND WATER SUPPLY (MA.1) DEPARTMENT, SECRETARIAT, CHENNAI.

2 THE COMMISSIONER OF MUNICIPAL ADMINISTRATION AND WATER SUPPLY (MA.1) DEPARTMENT, EZHILAGAM, CHEPAUK, CHENNAI.

3 THE COMMISSIONER, KODAIKANAL MUNICIPALITY, DINDIGUL DISTRICT.

WP(MD) No.9089 of 2016 N.RAMASAMY ... PETITIONER 1 THE MEMBER SECRETARY/ COMMISSIONER KODAIKANAL MUNICIPALITY, KODAIKANAL LOCAL PLANNING AUTHORITY, DINDIGUL DISTRICT.

2 THE EXECUTIVE ENGINEER (R2 IS SUO MOTU IMPLEADED VIDE COURT ORDER DATED.10/01/19) ... RESPONDENTS to Issue a Writ of Certiorari, calling for the records relating to the impugned order passed by the respondent in his proceedings Ka.Ma.No.53/2010/F1 dated 29.03.2016 and quash the same as illegal and without jurisdiction and pass such further or other orders as this Honble Court may deem fit and proper in the circumstances of the case and thus render justice.

WP(MD) No.9090 of 2016 R.SARAS ... PETITIONER - Vs1 THE SECRETARY TO GOVERNMENT, MUNICIPAL ADMINISTRATION AND WATE WATER SUPPLY (NA.NE.1) DEPT., SECRETARIAT, CHENNAI- 600 009.

2 THE MEMBER SECRETARY/ COMMISSIONER KODAIKANAL MUNICIPALITY, KODAIKANAL LOCAL PLANNING AUTHORITY, DINDIGUL DISTRICT.

3 THE EXECUTIVE ENGINEER, (R3 IS SUO MOTU IMPLEADED VIDE COURT ORDER DATED.10/01/19) ... RESPONDENTS to issue a Writ of Certiorari calling for the records relating to the impugned order passed by the 1st respondent in his proceedings in Government Lr(pa) NO. 49/ Na.Ne.1/2016 dated 27.01.2016 and quash the same as illegal, arbitrary.

WP(MD) No.9160 of 2016 1 P.MANI 2 M.INDIRA ... PETITIONERS 1 THE PRINCIPAL SECRETARY TO GOVERNMENT, MUNICIPAL ADMINISTRATION AND WATER SUPPLY (MA.1)DEPARTMENT, SECRETARIAT, CHENNAI.

2 THE COMMISSIONER OF MUNICIPAL ADMN., MUNICIPAL ADMINISTRATION AND WATER SUPPLY (MA.1)DEPARTMENT, EZHILAGAM, CHEPAUK, CHENNAI.

3 THE COMMISSIONER, KODAIKANAL MUNICIPALITY, DINDIGUL DISTRICT.

4 THE EXECUTIVE ENGINEER (R4 IS SUO MOTU IMPLEADED VIDE COURT ORDER DATED.10/01/19) ... RESPONDENTS to issue a Writ of Certiorari calling for the records relating to the impugned order passed by the 1st respondent in his proceedings Government Letter (Pa) No.115/NaNe.1/2016 dated 26.02.2016 and quash the same as illegal and without jurisdiction. WP(MD) No.9173 of 2016 V.SRIDHAR ... PETITIONER 1 THE SECRETARY TO GOVERNMENT, MUNICIPAL ADMINISTRATION AND WATER SUPPLY (NA,NE.1)DEPT., SECRETARIAT, CHENNAI-9.

2 THE MEMBER SECRETARY/ COMMISSIONER KODAIKANAL MUNICIPALITY, KODAIKANAL LOCAL PLANNING AUTHORITY, DINDIGUL DISTRICT 3 THE EXECUTIVE ENGINEER (R3 IS SUO MOTU IMPLEADED VIDE COURT ORDER DATED.10/01/19) ... RESPONDENTS

to issue Writ of Certiorari calling for the records relating to the impugned order passed by the 1st respondent in his proceedings Government Letter (Pa) No.48/Na.Ne.1/2016 dated 27.01.2016 and quash the same WP(MD) No.21328 of 2017 PADMA SETHURAJAN ... PETITIONER 1 THE CHIEF SECRETARY, STATE OF TAMIL NADU, ST. GEORGE, CHENNAI.

2 THE SECRETARY, GOVT. OF TAMIL NADU, MUNICIPAL ADMINISTRATION AND WATER SUPPLY DEPARTMENT, SECRETARIAT, ST. GEORGE FORT, CHENNAI.

3 THE SECRETARY, HOUSING AND URBAN DEVELOPMENT DEPARTMENT, CHENNAI.

4 THE COMMISSIONER, KODAIKKANAL MUNICIPALITY, KODAIKKANAL, DINDIGUL DISTRICT.

5 THE MEMBER SECRETARY / EXECUTIVE AUTHORITY, KODAIKKANAL LOCAL PLANNING AUTHORITY, KODAIKKANAL, DINDIGUL DISTRICT.

6 THE DEPUTY DIRECTOR FOR REGIONAL, TOWN AND COUNTRY PLANNING, MADURAI REGION, MADURAI.

- Vs1 THE CHIEF SECRETARY, STATE OF TAMIL NADU, ST. GEORGE, CHENNAI.

2 THE SECRETARY, GOVT. OF TAMIL NADU, MUNICIPAL ADMINISTRATION AND WATER SUPPLY DEPARTMENT, SECRETARIAT, ST. GEORGE FORT, CHENNAI.

3 THE SECRETARY, HOUSING AND URBAN DEVELOPMENT DEPARTMENT, CHENNAI.

4 THE COMMISSIONER, KODAIKKANAL MUNICIPALITY, KODAIKKANAL, DINDIGUL DISTRICT.

5 THE MEMBER SECRETARY / EXECUTIVE AUTHORITY, KODAIKKANAL LOCAL PLANNING AUTHORITY, KODAIKKANAL, DINDIGUL DISTRICT.

6 THE DEPUTY DIRECTOR FOR REGIONAL, TOWN AND COUNTRY PLANNING, MADURAI REGION, MADURAI.

7 THE EXECUTIVE ENGINEER (R7 IS SUO MOTU IMPLEADED VIDE COURT ORDER DATED.10/01/19) ... RESPONDENTS Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to issue a writ of Certiorari to call for the records of the impugned order passed by the 4th respondent in Na.Ka.No.A.K.No.10/2015/F1 dated 27.10.2017 and quash the same as illegal. WP(MD) No.22894 of 2017 MAHALAKSHMI PRASAD ... PETITIONER 1 THE CHIEF SECRETARY STATE OF TAMILNADU, ST.GEORGE FORT, CHENNAI.

2 THE SECRETARY GOVERNMENT OF TAMIL NADU, MUNICIPAL ADMINISTRATION AND WATER SUPPLY DEPARTMENT, SECRETARIAT, ST.GEORGE FORT, CHENNAI.

3 THE SECRETARY, HOUSING & URBAN DEVELOPMENT DEPARTMENT, CHENNAI.

4 THE COMMISSIONER, KODAIKANAL MUNICIPALITY, KODAIKANAL, DINDIGUL. 5 THE MEMBER SECRETARY / EXECUTIVE AUTHORITY, KODAIKANAL LOCAL PLANNING AUTHORITY, KODAIKANAL, DINDIGUL DISTRICT.

6 THE DEPUTY DIRECTOR FOR REGIONAL, TOWN & COUNTRY PLANNING, MADURAI REGION, MADURAI.

7 THE EXECUTIVE ENGINEER (R7 IS SUO MOTU IMPLEADED VIDE COURT ORDER DATED.10/01/19) ... RESPONDENTS Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to issue a Writ of Certiorari to call for the records of the Impugned order passed by the 2nd Respondent in Government Letter (Pa) No.154/Na.Ni.1/2016 dated 03.03.206 and the consequential order of the 4th Respondent in Na.Ka.No.2644/2007/F1, dated 20.11.2017 and quash the same as illegal.

WP(MD) No.21814 of 2017 B.L.MALLIKA ... PETITIONER 1 THE PRINCIPAL SECRETARY TO GOVERNMENT, MUNICIPAL ADMINISTRATION AND WATER SUPPLY (NA.NE.1) DEPT, SECRETARIAT, CHENNAI - 600 009.

2 THE MEMBER SECRETARY / COMMISSIONER, KODAIKANAL MUNICIPALITY, KODAIKANAL LOCAL PLANNING AUTHORITY, DINDIGUL DISTRICT.

3 THE EXECUTIVE ENGINEER (R3 IS SUO MOTU IMPLEADED VIDE COURT ORDER DATED.10/01/19) ... RESPONDENTS Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to

issue a writ of Certiorari calling for the records of the 2nd respondent in Na.Ka.No.3022/2007/F1, dated 16.02.2016, the proceedings of the 1st respondent in Government Letter (pa) No.311/Na.Ne.1/2017 dated 03.08.2017 and that of the proceedings of the 2nd respondent in Na;Ka.No.3022/2007/F1, dated 13.11.2017 and quash the same.

WP(MD) No.22658 of 2017 H.MOHAMED GANI ... PETITIONER 1 THE PRINCIPAL SECRETARY TO GOVT., OF TAMIL NADU, DEPARTMENT OF MUNICIPAL ADMINISTRATION & WATER SUPPLY, CHENNAI - 600 009.

2 THE COMMISSIONER, KODAIKANAL MUNICIPALITY, KODAIKANAL, DINDIGUL DISTRICT.

3 THE MEMBER SECRETARY/ THE COMMISSIONER, KODAIKANAL MUNICIPALITY, KODAIKANAL LOCAL PLANNING AUTHORITY, KODAIKANAL, DINDIGUL DISTRICT.

4 THE EXECUTIVE ENGINEER (R4 IS SUO MOTU IMPLEADED VIDE COURT ORDER DATED.10/01/19) ... RESPONDENTS Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to issue a writ of Certiorari call for the records from the 3rd respondent in his proceedings in Ka.Ma.No.81/2012/F.1 dated 20.11.2017 and quash the same.

WP(MD) No.21923 of 2017 A.SAHIRA BANU ... PETITIONER 1 THE PRINCIPAL SECRETARY TO GOVERNMENT OF TAMIL NADU, DEPARTMENT OF MUNICIPAL ADMINISTRATION AND WATER SUPPLY, CHENNAI - 600 009.

2 THE COMMISSIONER KODAIKANAL MUNICIPALITY, KODAIKANAL, DINDIGUL DISTRICT.

3 THE MEMBER SECRETARY THE COMMISSIONER, KODAIKANAL MUNICIPALITY, KODAIKANAL LOCAL PLANNING AUTHORITY, KODAIKANAL, DINDIGUL DISTRICT.

4 THE EXECUTIVE ENGINEER (R4 IS SUO MOTU IMPLEADED VIDE COURT ORDER DATED.10/01/19) ... RESPONDENTS to issue a writ of Certiorari call for the records from the 3rd respondent in his proceedings in Ka.Ma.No.72/2014/F1 dated 27.10.2017 and quash the same.

WP(MD) No.23201 of 2017 1 K.C.A.RAJAN ABRAHAM ... PETITIONER 1 THE STATE OF TAMIL NADU REP. BY THE PRINCIPAL SECRETARY, DEPARTMENT OF MUNICIPAL ADMINISTRATION & WATER SUPPLY FORT ST.GEORGE, CHENNAI - 600 009.

2 THE DISTRICT COLLECTOR DINDIGUL DIST, DINDIGUL.

3 THE MEMBER SECRETARY / COMMISSIONER, KODAIKANAL MUNICIPALITY AND KODAIKANAL LOCAL PLANNING AUTHORITY, KODAIKANAL DINDIGUL DISTRICT.

4 THE EXECUTIVE ENGINEER, (R4 IS SUO MOTU IMPLEADED VIDE COURT ORDER DATED.10/01/19) ... RESPONDENTS to issue a writ of Certiorari to call for the records pertaining to the impugned order in Govt. Letter (Pa) No.309/NaNil.1/2017 dated 03.08.2017 on the file of the respondent No.1 and quash the same as illegal.

WP(MD) No.22971 of 2017 J.SUDAKAR ... PETITIONER - Vs. -

1 THE STATE OF TAMIL NADU REP. BY THE PRINCIPAL SECRETARY, DEPARTMENT OF MUNICIPAL ADMINISTRATION & WATER SUPPLY, FORT.ST.GEROGE, CHENNAI 600 009.

2 THE DISTRICT COLLECTOR DINDIGUL DISTRICT, DINDIGUL.

3 THE MEMBER SECRETARY / COMMISSIONER, KODAIKANAL MUNICIPALITY AND KODAIKANAL LOCAL PLANNING AUTHORITY, KODAIKANAL, DINDIGUL DISTRICT.

4 THE EXECUTIVE ENGINEER TANGEDCO, KODAIKANAL MUNICIPALITY. ... RESPONDENTS (R4 IS SUO MOTU IMPLEADED VIDE COURT ORDER DT.10/01/19) Writ Petition is filed under Article 226 of the Constitution of India, praying this Court To issue a Writ of Certiorari to call for the records pertaining to the impugned order in Na.Ma.No.52/2012/F.1 dated 24.06.2015 on the file Respondent No.3 and the consequential order in Govt.Letter(P)No.129/NaNi.1/2016 dated 01.03.2016 on the file of the respondent No.1 and the consequential order in Na.Ka.No.4451//2015/F1 dated nil.09.2017 signed on 27.10.2017 on the file of the respondent No.3 and quash the same as illegal. WP(MD)NO.22972 OF 2017:

J.CHRISHTOPHER ... PETITIONER 1 THE STATE OF TAMIL NADU REP. BY THE PRINCIPAL SECRETARY, DEPARTMENT OF MUNICIPAL ADMINISTRATION & WATER SUPPLY, FORT.ST.GEROGE, CHENNAI 600 009.

2 THE DISTRICT COLLECTOR, DINDIGUL DISTRICT, DINDIGUL 3 THE MEMBER SECRETARY / COMMISSIONER, KODAIKANAL MUNICIPALITY AND KODAIKANAL LOCAL PLANNING AUTHORITY, KODAIKANAL, DINDIGUL DISTRICT.

4 THE EXECUTIVE ENGINEER (R4 IS SUO MOTU IMPLEADED VIDE COURT ORDER DATED.10/01/19) ... RESPONDENTS

to issue a Writ of Certiorari to call for the records pertaining to the impugned order in Ka.Ma.No.55/2012/F.1 dated 24.06.2015 on the file Respondent No.3 and the consequential order in Govt.Letter(P) No.129/NaNi.1/2016 dated 01.03.2016 on the file of the respondent No.1 and the consequential order in Na.Ka.No.4451//2015/F1 dated nil.09.2017 signed on 27.10.2017 on the file of the respondent No.3 and quash the same as illegal.

WP(MD)NO.22973 OF 2017:

J.RANI BHARATHI ... PETITIONER - Vs. - 1 THE STATE OF TAMIL NADU REP. BY THE PRINCIPAL SECRETARY, DEPARTMENT OF MUNICIPAL ADMINISTRATION & WATER SUPPLY, FORT.ST.GEROGE, CHENNAI 600 009.

2 THE DISTRICT COLLECTOR DINDIGUL DISTRICT, DINDIGUL.

3 THE MEMBER SECRETARY / COMMISSIONER, KODAIKANAL MUNICIPALITY AND KODAIKANAL LOCAL PLANNING AUTHORITY, KODAIKANAL, DINDIGUL DISTRICT.

4 THE EXECUTIVE ENGINEER, TANGEDCO, KODAIKANAL MUNICIPALITY. ... RESPONDENTS (R4 IS SUO MOTU IMPLEADED VIDE COURT ORDER DT.10/01/19) Writ Petition is filed under Article 226 of the Constitution of India, praying this Court To issue a Writ of Certiorari to call for the records pertaining to the impugned order in Na.Ka.No.3139/2007/F1 dated 29.02.2016 on the file Respondent No.3 and the consequential order in Govt.Lr.No.Pa.No.91/Na.Nee.1/2017 dated 02.03.2017 on the file of the respondent No.1 and the consequential order in Letter No.12303/MA-1/2017-1 dated 16.08.2017 on the file of the respondent No.1 and quash the same as illegal. WP(MD)NO.22974 OF 2017:

SAANTHAM MATRIC HIGHER SECONDARY SCHOOL, REP. THROUGH ITS CORRESPONDENT, S.SANTHA SATHISH, VILPATTI ROAD, NAIDUPURAM, KODAIKANAL, DINDIGUL DISTRICT. ... PETITIONER - Vs. -

1 THE STATE OF TAMIL NADU REP. BY THE PRINCIPAL SECRETARY, DEPARTMENT OF MUNICIPAL ADMINISTRATION & WATER SUPPLY, FORT.ST.GEROGE, CHENNAI 600 009.

2 THE DISTRICT COLLECTOR DINDIGUL DISTRICT, DINDIGUL.

3 THE MEMBER SECRETARY / COMMISSIONER, KODAIKANAL MUNICIPALITY AND KODAIKANAL LOCAL PLANNING AUTHORITY, KODAIKANAL, DINDIGUL DISTRICT.

4 THE EXECUTIVE ENGINEER TANGEDCO, KODAIKANAL MUNICIPALITY. ... RESPONDENTS (R4 IS SUO MOTU IMPLEADED VIDE COURT ORDER DT.10/01/19) Writ Petition is filed under Article 226 of the Constitution of India, praying this Court To issue a Writ of Certiorari to call for the records pertaining to the impugned order in Na.ka.No.2705/2007/F1 dated 06.07.2015 on the file Respondent No.3 and the consequential order in Govt.Letter(P)No.128/NaNi.1/2016 dated 01.03.2016 on the file of the respondent No.1 and the consequential order in Na.Ka.No.2705//2007/F1 dated 13.09.2017 signed on 13.11.2017 on the file of the respondent No.3 and quash the same as illegal.

WP(MD) No.22101 of 2017 V.SENGUTTUVAN ... PETITIONER 1 THE PRINCIPAL SECRETARY TO GOVERNMENT, MUNICIPAL ADMINISTRATION AND WATER SUPPLY (NA.NE.1) DEPT., SECRETARIAT, CHENNAI 600 009.

2 THE MEMBER SECRETARY/ COMMISSIONER, KODIAKANAL MUNICIPALITY, KODAIKANAL LOCAL PLANNING AUTHORITY, DINDIGUL DISTRICT.

3 THE EXECUTIVE ENGINEER (R3 IS SUO MOTU IMPLEADED VIDE COURT ORDER DATED.10/01/19) ... RESPONDENT

to issue a Writ of Certiorari to call for the records relating to the impugned order passed by the 1st respondent in his proceedings Government Letter (Pa) No.246/Na.Ne.1/2017 dated 19.06.2017 and the consequential impugned order passed by the 2nd respondent in his proceedings in Na.Ka.2930/2007/F1 dated 13.11.2017 and to quash the same as illegal, arbitrary and without jurisdiction. WP(MD) No.18776 of 2018 A.P.N.PITCHAI LEVAI ... PETITIONER 1 THE COMMISSIONER, KODAIKANAL MUNICIPALITY, KODAIKANNAL, DINDIGUL DISTRICT.

2 THE TAHSILDAR, KODAIKANAL MUNICIPALITY, KODAIKANAL, TALUK, DINDIGUL DISTRICT.

(R2 IS SUO MOTU IMPLEADED VIDE COURT ORDER DATED.10/09/18 IN WP(MD)18776/18) 3 THE EXECUTIVE ENGINEER (R3 IS SUO MOTU IMPLEADED VIDE COURT ORDER DATED.10/01/19) ... RESPONDENTS to issue a writ of Certiorarified Mandamus calling for the records relating to the impugned proceedings in Na.ka.No. 2268/2018/F1 dated 10.08.2018 and quash the same as illegal and consequently forbear the respondent from taking any coercive action pending disposal of the retention application submitted by the petitioner dated 20.08.2018.

WP(MD) No.13416 of 2018 S.MOHAMED ALI JINNAH ... PETITIONER 1 THE CHIEF SECRETARY, STATE OF TAMIL NADU, ST. GEORGE FORT, CHENNAI.

2 THE SECRETARY, GOVT. OF TAMIL NADU, MUNICIPAL ADMINISTRATION AND WATER SUPPLY DEPARTMENT, SECRETARIAT, ST. GEORGE FORT, CHENNAI.

3 THE SECRETARY, HOUSING AND URBAN DEVELOPMENT DEPARTMENT, CHENNAI.

4 THE DIRECTOR OF TOWN AND COUNTRY PLANNING, OPP. TO LIC,CHENGALVARAYAN BUILDING, FOURTH FLOOR, NO.807, ANNA SALAI, CHENNAI - 600 002 5 THE COMMISSIONER, KODAIKKANAL MUNICIPALITY, KODAIKKANAL, DINDIGUL DISTRICT.

6 THE MEMBER SECRETARY / EXECUTIVE AUTHORITY, KODAIKKANAL LOCAL PLANNING AUTHORITY, KODAIKKANAL, DINDIGUL DISTRICT.

7 THE EXECUTIVE ENGINEER (R7 IS SUO MOTU IMPLEADED VIDE COURT ORDER DATED.10/01/19) ... RESPONDENTS to issue a writ of Certiorari to call for the records of the impugned order passed by the 2nd respondent in Government Letter (P) No.433/Na.Ni.1/2017 dated 02.11.2017 and quash the same as illegal. WP(MD) No.163 of 2019 1 S.PRABHAKARAN, 2 D.KAMALAVENI, 3 S.KAMALAM, 4 R.ANIL KUMAR 5 K.VENKATESH, ... PETITIONERS -Vs1 THE PRINCIPAL SECRETARY, DEPARTMENT OF MUNICIPAL ADMINISTRATION AND WATER SUPPLY, FORT.ST.GEORGE, CHENNAI-9.

2 THE DISTRICT COLLECTOR, DINDIGUL DISTRICT.

3 THE MEMBER SECRETARY / COMMISSIONER, KODAIKKANAL LOCAL PLANNING AUTHORITY, DINDIGUL DISTRICT.

4 THE EXECUTIVE ENGINEER (R4 IS SUO MOTU IMPLEADED VIDE COURT ORDER DATED.10/01/19) ... RESPONDENTS

to issue a Writ of Certiorari calling for the records relating to the impugned order of the 3rd respondent in UAC No.2999 / 2007 / F1 dated 07/07/2015 and consequential order of the 1st respondent in Arasu Kaditham No.631 / Na Ni 1 / 2015 dated 27/10/2015 and the consequential order of the 3rd respondent in Na.Ka.No.2999 / 2007 / F1 dated 20/11/2017 and to quash the same as illegal and without jurisdiction .

Order : These petitions coming on for orders upon perusing the petition filed in support thereof and upon hearing the arguments of Mr.T.LAJAPATHI ROY, Advocate for the petitioner in WP(MD) NO.914/2018, Mr.S.MOHAN KUMAR, Advocate for the petitioner in WP(MD) No.9230 of 2017, Mr.B.SARAVANAN, Advocate for the petitioner in WP (MD)Nos.20518 & 21380 of 2017, Mr.N.SATHISH BABU, Advocate for the petitioner in WP(MD)No.21681 of 2017, Mr.K.ANBARASAN, Advocate for the petitioner in WP(MD)No.23088 of 2017, Mr.M.MAHABOOB ATHIFF, Advocate for M/S.AJMAL ASSOCIATES, for the petitioner in WP(MD) No.23236 of 2017 and WP(MD)No.2212 of 2018, Mr.B.SARAVANAN, Advocate for the petitioner in WP(MD)No.23417 of 2017, Mr.D.SASIKUMAR, Advocate for the petitioner in WP(MD)No.23771 OF 2017, Mr.V.SITHARANJANDAS, Advocate for the petitioner in WP(MD)No.

23811 of 2017, Mr.M.MAHABOOB ATHIFF, Advocate for M/S.AJMAL ASSOCIATES for the petitioner in WP(MD)No.46 of 2018, Mr.C.M.ARUMUGAM, Advocate for the petitioner in WP(MD)No.107 of 2018, Mr.B.SARAVANAN, Advocate for the petitioner in WP(MD)No.799 of 2018, Mr.N.ANANTHAPADMANABHAN, Advocate for the petitioner in WP(MD)No.825 of 2018 & WP(MD)No.1109 of 2018, Mr.B.SARAVANAN, Advocate for the petitioner in WP(MD) Nos.860,899,1865,1866,1045,2405 OF 2018, Mr.S.JENIFER EVANGELIN VERONI, Advocate for the petitioner in WP(MD)No.1958 of 2018, Mr.T.LAJAPATHI ROY, Advocate for the petitioner in WP(MD) No.2166,2167,2257,2258,3386 OF 2018, Mr.B.SARAVANAN, Advocate for the petitioner in WP(MD)No.12562 of 2018, Mr.B.CHANDRASEKARAN, Advocate for the petitioner in WP(MD)No.10668 OF 2016, Mr.M.MAHABOOB ATHIFF, Advocate for M/S.

AJMAL ASSOCIATES for the petitioner in WP (MD)No.15297 of 2016, Mr.B.SARAVANAN, Advocate for the petitioner in WP(MD)No.21796 of 2016, Mr.N.SATHISH BABU, Advocate for the petitionr in WP(MD)No.18921 of 2016, Mr.B.SARAVANAN, Advocate for the petitioner in WP(MD)No.9088,9089,9090,9160,9173 of 2016, Mr.M.KANNAN, Advocate for the petitioner in WP(MD)Nos.21328, 21329, 22894 of 2017, Mr.R.DEVARAJ, Advocate for the petitioner in WP(MD) No.21814, Mr.N.SATHISH BABU, Advocate for the petitioner in WP(MD) Nos.22658 & 21923 of 2017, Mr.T.LAJAPATHI ROY, Advocate for the petitioner in WP(MD)Nos.23201,22971,22972,22973 & 22974 of 2017, Mr.B.SARAVANAN, Advocate for the petitioner in WP(MD)No.22101 of 2017, Mr.M.MAHABOOB ATHIFF, Advocate for M/S.AJMAL ASSOCIATES, for the petitioner in WP(MD)No.18776 of 2018, Mr.M.

KANNAN, Advocate for the petitioner in WP(MD)No.13416 of 2018 and Mr.M.THIRUNAVUKKARASU, Advocate for the petitioner in WP(MD)No.163 of 2019 and of The Additional Advocate General for State Government Officials in all the petitions and Mr.T.S.

Kodaikannal Municipality in all petitions, the court made the following order.

[Order of the Court was made by G.R.SWAMINATHAN, J.] The learned Additional Advocate General produced a copy of G.O.Ms.No.47, Housing and Urban Development Department dated 06.03.2019, whereby, a new Modified Master Plan for Kodaikanal Local Planning Area has been directed to be published. 2.The learned counsel appearing for the respective petitioners stated that in the light of the new Modified Master Plan, they can be permitted to approach the Government by submitting a fresh petition for review. They further stated that within a few days, they will be able to submit applications to the Government for regularising the constructions already made.

3.In view of the above submission, the Government is directed to consider such application on merits and in accordance with law, within a period of two weeks from the date of receipt of applications.

4.This Court, on 25.02.2019 had directed the authorities not to lock and seal certain categories of buildings. The order passed by us on the earlier occasion reads as follows:

5."4.We are of the view that interest of justice would be better served by directing the authorities not to lock and seal the Residential Buildings, Government Buildings, Educational Institutions, Hospitals, Banks, Shops/Barber Shops/Bakery/Vegetable shops and Restaurants. If Religious Institutions, whether they are Churches, Temples or Mosques, have been put up in violation of planning norms, they shall be locked and sealed.

5.This Court makes it clear that effective enforcement action shall be taken against all lodges/resorts/cottages. If the restaurants provide lodging facilities, the lodging portion alone will be sealed. Electricity shall be disconnected in respect of such lodges/resorts/cottages." 6.The learned counsel appearing for the petitioners submitted that though some of the petitioners' buildings also come under the said categories, they have been sealed. We are of the view that the benefit given vide paras 4 and 5 in the order dated 25.02.2019 can be extended to the petitioners also.

7.It is made clear that the lodges that have been already sealed will continue to be remained sealed until further orders from this Court. The orders to be passed by the Government will be placed before this Court.

8.The learned standing counsel appearing for the Kodaikanal Municipality has filed an action taken report and the same is taken on record.

9.While implementing the orders of this Court to seal many building including the places of worship, the Commissioner, Kodaikanal Municipality may face security threat. Therefore, police protection as well as the assistance of the revenue officials have to be given for the purpose of sealing certain buildings such as places of worship.

10.Accordingly, the Superintendent of Police, Dindigul is directed to give police protection to the Commissioner of Kodaikanal Municipality round the clock and also provide appropriate bandobust for sealing the buildings including the places of worship. The District Collector, Dindigul District is also directed to give assistance through the revenue officials for the above task. 11.The Commissioner, Kodaikanal Municipality is at liberty to choose any officer and appoint and include him in the team in the place of one Mr.Muruganantham, Town Planning Officer, in the existing team.

12.Call the matter on 29.03.2019.

sd/- 11/03/2019 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE CHIEF SECRETARY, STATE OF TAMIL NADU, ST. GEORGE FORT, CHENNAI.

2 THE SECRETARY, GOVT. OF TAMIL NADU, MUNICIPAL ADMINISTRATION AND WATER SUPPLY DEPARTMENT, SECRETARIAT, ST. GEORGE FORT, CHENNAI.

3 THE SECRETARY, HOUSING AND URBAN DEVELOPMENT DEPARTMENT, CHENNAI.

4 THE DIRECTOR OF TOWN AND COUNTRY PLANNING, OPP. TO LIC,CHENGALVARAYAN BUILDING, FOURTH FLOOR, NO.807, ANNA SALAI, CHENNAI - 600 002

5 THE COMMISSIONER, KODAIKKANAL MUNICIPALITY, KODAIKKANAL, DINDIGUL DISTRICT.

6 THE MEMBER SECRETARY / EXECUTIVE AUTHORITY, KODAIKKANAL LOCAL PLANNING AUTHORITY, KODAIKKANAL, DINDIGUL DISTRICT.

7 THE EXECUTIVE ENGINEER 8 THE MUNICIPAL COMMISSIONER, KODAIKANAL MUNICIPALITY, LADE ROAD, KODAIKANAL, DINDIGUL DISTRICT.

9 THE DEPUTY DIRECTOR, TOWN AND COUNTRY PLANNING AUTHORITY, 4, HAKKIM AJMALKHAN ROAD, CHINNA CHOKKIKULAM, MADURAI 625 002.

10 THE PRINCIPAL SECRETARY, THE STATE OF TAMILNADU DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, FORT.ST.GEORGE, CHENNAI 600 009.

11 THE DEPUTY DIRECTOR FOR REGIONAL, TOWN AND COUNTRY PLANNING, MADURAI REGION, MADURAI.

12 THE TAHSILDAR, KODAIKANAL MUNICIPALITY, KODAIKANAL, TALUK, DINDIGUL DISTRICT.

13 THE COMMISSIONER OF TOWN AND COUNTRY PLANNING, 4, HAKKIM AJMALKHAN ROAD, CHINNACHOKKIKULAM, MADURAI.

14 THE DISTRICT COLLECTOR, DINDIGUL.

COPY TO:

THE SUPERINTENDENT OF POLICE, DINDIGUL.

+1cc to MR.M.KANNAN, Advocate in SR.No. 4664 +3ccs to MR.B.SARAVANAN, Advocate in SR.Nos. 4689 TO 4691 +1cc to MR.T.LAJAPATHI ROY, Advocate in SR.No. 4743 +1cc to MR.T.S.MOHAMED MOHIDEEN, Advocate in SR.No. 4804 +1cc to MR.S.MOHAN KUMAR, Advocate in SR.No. 4759 +1cc to MR.K.ANBARASAN, Advocate in SR.No. 4758 +1cc to MR.S.THIRUPATHI, Advocate in SR.No. 4688

ORDER IN WP(MD)Nos.914 of 2018, 9230,20518,21380,21681,23088,23236 of 2017, 2212 of 2018, 23417,23771, 23811 of 2017,46,107,799, 825, 860, 899,1865,1866,1045,2405, 1958,2166, 2167, 2257, 2258, 3386, 12562 of 2018, 10668, 15297,21796, 18921, 9088,9089,9090,9160, 9173 of 2016 21328,21329,22894,21814,22658,21923 ,23201,22971,22972,22973,22974, 22101 of 2017,18776,13416/2018, 163/2019 Date :11/03/2019 MS/VR/SAR-1/15.03.2019/39P.25C