← Library
Madras High CourtWP(MD)/19544/2025dismissed

N.Nallathambi v. The Secretary To Government

2025-11-20Honourable Dr Justice Anita Sumanth,Honourable Mr. Justice C.Kumarappan6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.11.2025

CORAM:

THE HONOURABLE DR.JUSTICE ANITA SUMANT+H AND THE HONOURABLE MR.JUSTICE C.KUMARAPPAN and W.M.P.(MD)Nos.14996, 14998 and 15001 of 2025 N.Nallathambi ... Petitioner /Vs./ 1.The Secretary to Government, Municipal Administration and Water Supply Department, Fort St.George, Chennai - 625 009.

2.The Secretary to Government, Town and Country Planning Department, 3.The Commissioner of Town Panchayats, 7th and 8th Floor, Urban Administrative Office Campus, Raja Annamalaipuram, Chennai - 600 028.

4.The Commissioner of Town and Country Planning, 2nd, 3rd and 4th Floor, C and E Market Road, Koyambedu, Chennai- 600 107.

5.The District Collector, Madurai District, Madurai - 625 020.

1/6

6.The Member Secretary, Madurai Local Planning Authority, Sector IV, Anaiyur, Mudakkathan Main Road, Opp, to Vaigai Apartments, Koodalpudur, Madurai - 625 017.

7.Assistant Director of Town Panchayats, District Collectorate Complex, Madurai - 625 020.

8.The Executive Officer, Paravai Selection Grade Town Panchayat, Paravai - 625 402, Samayanallur PO, Madurai District.

9.Venkatesan 10.C.Rajendran ... Respondents (R - 10 is impleaded vide order dated 11.08.2025 in W.M.P(MD)No.16769 of 2025) PRAYER:- Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, calling for records relating to the in-principle approval granted by the 6th respondent in proceedings Na.Ka.No.3663/2019/Mathi.2 dated 03.03.2020 and the final approval accorded by the 8th respondent in proceedings Na.Ka.No. 66/2019 dated 13.05.2020 in favour of 9th respondent and 7 others and to quash the same as illegal and consequently directing the respondents 1 to 8 to re-fence the OSR property falling under the extra high voltage electric tower lines in Plot No.116B and Survey No.151/1 (UDR No. 161/1) in Paravai 1st Bit Village, A Colony, AIBEA Nagar, Madurai North Taluk, Madurai District and take civil and criminal actions against the 9th respondent and his men for having illegally removed the existing fence and laid roads and undertaken other activities. 2/6

For Petitioner : Mr.A.Thirumoorthy For RR 1 to 8 : Mr.Veerakathiravan Additional Advocate General for Mr.P.Thilakkumar Government Pleader For R 9 : Mr.G.Prabhu Rajadurai For R10 : Mr.R.J.Karthick

ORDER

(Order of the Court was made by DR.ANITA SUMANTH, J.) This writ petition has been filed by one Nallathambi claiming to be in public interest, and seeking a writ of certiorarified mandamus challenging the in-principle regularization of unapproved layout granted on 03.03.2020, and final approval granted on 13.05.2020. 2.We are not inclined to entertain the writ petition for the reason that the petitioner is a member in All India Bank Employees Association (AIBEA) Nagar Residents' Welfare Association ('Association'), that had filed W.P.(MD)No.27265 of 2025 seeking the relief of cancelling the in-principle regularization of unapproved layout granted on 03.03.2020, and final approval granted on 13.05.2020. 3.That writ petition was dismissed on 28.04.2025, as against which order, W.A.(MD)No.1837 of 2025 has been filed by the 3/6

Association. Hence, there is absolutely no necessity for the petitioner to have filed a separate writ petition as his interests will well be taken care of in that matter.

4.Then again, the present writ petition is stated to have been instituted in public interest which is in itself not a correct statement, seeing as he is a member of the Association himself. In such circumstances, the public interest litigation is not maintainable and that the interests of the petitioner can be subserved by the litigation instituted by the Association.

5.This writ petition is hence, dismissed. No costs. Consequently, connected miscellaneous petitions are closed. [A.S.M.J.,] & [C.K.J.,] 20.11.2025 Index :Yes/No Internet :Yes ta To 1.The Secretary to Government, Municipal Administration and Water Supply Department, 4/6

2.The Secretary to Government, Town and Country Planning Department, 3.The Commissioner of Town Panchayats, 7th and 8th Floor, Urban Administrative Office Campus, Raja Annamalaipuram, Chennai - 600 028.

4.The Commissioner of Town and Country Planning, 2nd, 3rd and 4th Floor, C and E Market Road, Koyambedu, Chennai- 600 107.

5.The District Collector, Madurai District, Madurai - 625 020.

6.The Member Secretary, Madurai Local Planning Authority, Sector IV, Anaiyur, Mudakkathan Main Road, Opp, to Vaigai Apartments, Koodalpudur, Madurai - 625 017.

7.Assistant Director of Town Panchayats, District Collectorate Complex, Madurai - 625 020.

8.The Executive Officer, Paravai Selection Grade Town Panchayat, Paravai - 625 402, Samayanallur PO, Madurai District.

5/6

DR.ANITA SUMANTH, J.

AND C.KUMARAPPAN, J.

ta 20.11.2025 6/6