Desiya Thenindia Nadhigal Inaipu Vivasaigal Sangam v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.03.2026

CORAM:

THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR AND THE HONOURABLE MR.JUSTICE M.JOTHIRAMAN and W.M.P.(MD)No.17182 of 2019 Desiya Thenindia Nadhigal Inaipu Vivasaigal Sangam, Rep by its State President, P.Ayyakannu, B.A.,B.L., 3, Malar Road, Annamalai Nagar, Karur Bye Pass, Trichy.

... Petitioner Vs.

1. The State of Tamil Nadu, Rep by its Secretary to Government, Housing and Urban Development, Secretariat, Chennai-9.

2. The Commissioner of Town And Country Planning, Chennai.

3. The Assistant Director/Member Secretary, Trichy Local Planning Authority, Khajamalai Main Road, Khajamalai, Trichy-620 023, Trichy District.

4. The TANGEDCO, Rep by the Assistant Engineer (O/M), TANGEDCO, Vanakovil, Srirangam Taluk, Trichy-6 1/6

5. The Sub Registrar, O/o.The Sub Registrar, Woraiyur, Trichy-620 018.

6. The Block Development Officer, Manikandam Panchayat Union, Manikandam, Trichy-620 012.

7. T.A.Prabhakaranpillai.

8. R.Selvaraj ... Respondents PRAYER:- Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondents 1 and 2 to conduct a detailed enquiry in respect of the land purchased or acquired by any mode by the 7th respondent under the promotion of housing scheme to find out as to whether they were sub divided in accordance to the G.O.(Ms).No.78 (Housing and Urban Development (UD4(3) Department) dated 04.5.2017 and G.O(Ms).No.79 (Housing and Urban Development (UD4(3) Department) dated 04.5.2017 and G.O(Ms).No.172 (Housing and Urban Development (UD4(3) Department) dated 13.10.2017 and consequently direct the respondents to take consequential penal action against the respondents 7 and 8 for the recovery of the lands, which were converted to the housing plots illegally.

For Petitioner : Mr.S.Rajasekar for M/s.Roy & Roy Associates For Respondents : Mr.S.P.Maharajan, Spl. Govt. Pleader for R1 to R3 & R5 Mr.S.Deenadhayalan for R4 No Appearance for R7 & R8 2/6

ORDER

(Order of the Court was made by N.SATHISH KUMAR, J.) The petitioner, claiming to be a public interest litigant, has filed this Writ Petition seeking a direction to the respondents 1 and 2 to conduct a detailed enquiry in respect of the land purchased or acquired by any mode by the 7th respondent under the promotion of housing scheme, to find out as to whether they were sub divided in accordance with G.O.(Ms).No.78 (Housing and Urban Development (UD4(3) Department) dated 04.5.2017 and G.O(Ms).No.79 (Housing and Urban Development (UD4(3) Department) dated 04.5.2017 and G.O(Ms).No. 172 (Housing and Urban Development (UD4(3) Department) dated 13.10.2017 and consequently direct the respondents to take consequential penal action against the respondents 7 and 8 for the recovery of the lands, which were converted to the housing plots illegally.

2. According to the petitioner, the 7th respondent, who is one of the successful real estate promoters, is engaged in the practice of converting fertile lands into housing plots. It is further stated that the 7th 3/6

respondent has promoted housing plots on the bank of a water body without leaving the requisite space as per the rules, in collusion with the 8th respondent, who is a responsible higher authority. Hence, the petitioner has filed this Writ Petition.

3. Heard the learned counsel appearing on either side and perused the materials available on record.

4. On perusal of the records, it is seen that approval was granted in 2018, and the lands were sold long back. The purchasers have not been made as parties, and the survey number has also not been specified for the subject property. Therefore, merely on a general allegation, one cannot seek a direction to stall any development in the subject property. Further, similar writ petitions filed as against the 7th respondent in W.P.(MD) Nos. 2202 & 3458 of 2019 have already been dismissed by a co-ordinate Bench of this Court on 26.06.2025. Hence, we do not find any merit in this writ petition and the same is liable to be dismissed.

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5. Accordingly, this Writ Petition is dismissed. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed.

[N.S.K., J.] & [M.J.R., J.] 11.03.2026 Index :Yes/No NCC :Yes/No vsm To

1. The State of Tamil Nadu, Rep by its Secretary to Government, Housing and Urban Development, Secretariat, Chennai-9.

2. The Commissioner of Town And Country Planning, Chennai.

3. The Assistant Director/Member Secretary, Trichy Local Planning Authority, Khajamalai Main Road, Khajamalai, Trichy-620 023, Trichy District.

4. The Sub Registrar, O/o.The Sub Registrar, Woraiyur, Trichy-620 018.

5. The Block Development Officer, Manikandam Panchayat Union, Manikandam, Trichy-620 012.

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N.SATHISH KUMAR , J.

AND M.JOTHIRAMAN, J.

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