Madras High CourtWP(MD)/22725/2025disposed of

Zahir Hussain v. Housing And Urban Development Department

2025-08-20Honourable Mr Justice C. Saravanan7 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 20.08.2025

CORAM

THE HONOURABLE MR.JUSTICE C.SARAVANAN Zahir Hussain ... Petitioner Vs.

1.The Principal Secretary to Government, Housing and Urban Development, Secretariat, Chennai-600 009.

2.The Director, Directorate of Town and Country Planning, No.2nd, 3rd and 4th Floor, C and E Market Road, Koyambedu, Chennai-600 107.

3.The Additional Director, (Operation), Tamil Nadu Real Estate Regulatory Authority, No.1A, 1st Floor, Gandhi Irwin Bridge Road, Egmore, Chennai-600008.

4.The Deputy Director of Town and Country Planning, Madurai Region, No.4, Hakim Ajmal Khan Road, Chinna Chokkikulam, 1/7

5.The Assistant Director , District Town and Country Planning, Anayur, Mudakkathan Main Road, Sector-VI, Koodal Pudur, Opposite to Vaigai Apartment, Madurai-625017.

6.The District Collector, Madurai District, Madurai.

7.The Tahsildar, Kallikudi Taluk, Kallikudi, 8.The Block Development Officer, Village Panchayat, Kallikudi Panchayat Union, Kalllikudi Taluk, 9.The Commissioner, Kallikudi Panchayat Union, Kallikudi, Kallikudi Taluk,

...Respondents

Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents 1 to 5 to dispose of the application of the petitioner M.Jahir Hussain dated 24.07.2025 in Registration No.DTCP/P/RPBQDTPG/2025/13136, so as to regulalrise the lands to an extent of about 13 Cents comprised in Survey No.56/7C, Maruthankudi Village, Kallikudi Taluk and Madurai District. 2/7

For Petitioner : Mr.G.Aravinthan For R1,R2,R4 to R7 : Mr.C.Satheesh Government Advocate For R8 & R9 : Mr.B.Saravanan, Additional Government Pleader For R3 : Mr. R.Satheesh

ORDER

This writ petition has been filed for a writ of Mandamus to direct the respondents 1 to 5 to dispose of the petitioner's application dated 24.07.2025 in Registration No.DTCP/P/RPBQDTPG/2025/13136, so as to regulalrise the lands measuring an extent of about 13 Cents in Survey No.56/7C, Maruthankudi Village, Kallikudi Taluk and Madurai District.

2. The petitioner has applied for transfer of patta in respect of the aforesaid extent of 13 cents of land on 24.07.2025, which according to the petitioner, has been kept in abeyance due to oral instructions from the fifth respondent that the land in S.No.56/7C, Maruthankudi Village, Kallikudi Taluk and Madurai District was classified as an Agricultural land and therefore, application cannot be processed.

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3. The learned counsel for the petitioner submits that the petitioner had purchased a total extent of 16 cents of land and three cents of lands has already been regularised through a lay out promoted by one R.Balakrishnan and Ramdoss in the same village.

4. The learned counsel for the third respondent submits that the petitioner has to apply before the third respondent and obtain permission in Form C and only thereafter, the petitioner's application for approval of unapproved plots under the aforesaid scheme/Government Order can be considered.

5. The learned counsel for the petitioner at this stage submits that the petitioner will approach the third respondent and thereafter, submit a suitable representation to the respondents 4 and 5 to consider the petitioner's application for approval of unapproved plots measuring an extent of 13 cents of land in S.No.56/7C.

6. Recording the above submissions, the writ petition is disposed of. However, liberty is granted to the petitioner to approach the third respondent for 4/7

issuance of Form C and thereafter approach the respondents 4 and 5 for lay out approval. No costs.

20.08.2025 NCC : Yes / No Index : Yes / No Internet : Yes / No sn To 1.The Principal Secretary to Government, Housing and Urban Development, Secretariat, Chennai-600 009.

2.The Director, Directorate of Town and Country Planning, No.2nd, 3rd and 4th Floor, C and E Market Road, Koyambedu, Chennai-600 107.

3.The Additional Director, (Operation), Tamil Nadu Real Estate Regulatory Authority, No.1A, 1st Floor, Gandhi Irwin Bridge Road, Egmore, Chennai-600008.

4.The Deputy Director of Town and Country Planning, Madurai Region, No.4, Hakim Ajmal Khan Road, Chinna Chokkikulam, 5/7

5.The Assistant Director , District Town and Country Planning, Anayur, Mudakkathan Main Road, Sector-VI, Koodal Pudur, Opposite to Vaigai Apartment, Madurai-625017.

6.The District Collector, Madurai District, Madurai.

C.SARAVANAN, J.

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