M/S.Thooimai Srinivasa Nagar Nala Sangam v. The Director Of Town And Country Planning Authority
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.01.2025
CORAM
THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI and W.M.P.(MD)No.1634 of 2025 M/s.Thooimai Srinivasa Nagar Nala Sangam, Represented by its Secretary, S.Rajendran, Ward No.48, Srinivasa Nagar, ... Petitioner Vs.
1.The Director of Town and Country Planning Authority, Directorate of Town and Country Planning Head Office, No.807, Anna Salai, Chennai 600 002.
2The Inspector General of Registration, No.100, Santhome High Road, Chennai 600 028.
3.The Chairman, Local Planning Authority, Cell Premises, Thanjavur, 4.The Commissioner, Kumbakonam Municipal Corporation, Srinagar Colony, 1/6
Thiruvidaimaruthur Road, 5.N.Ponnamani ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the 1st, 3rd and 4th respondents to restore the lands of various survey numbers found in the approved layout in R.O.C.No. 340/1986 dated 19.09.1987 into its original physical position based on the petitioner's representation dated 18.06.2024 followed by the legal representation sent on behalf of the petitioner dated 26.07.2024 and to make the same free from all kinds of encumbrances. For Petitioner : Mr.C.M.Arumugam For R-1 to R-4 : Mr.D.S.Neduncheliyan, Government Advocate For R-5 : Mr.R.Karunanidhi
ORDER
By consent of both the parties, this writ petition is taken up for final hearing at the admission stage itself.
2.This writ petition is filed to direct the 1st, 3rd and 4th respondents to restore the lands of various survey numbers found in the approved layout in R.O.C.No. 340/1986 dated 19.09.1987 to its original physical position based 2/6
on the petitioner's representation dated 18.06.2024 followed by the legal representation sent on behalf of the petitioner dated 26.07.2024 and to make the same free from all kinds of encumbrances. 3.Heard the learned counsels on either sides and carefully perused the materials available on record.
4.The learned counsel for the petitioner vehemently submitted that the 5th respondent, who is the promoter of the aforesaid layout, has indulged in activities of converting the OSR land reserved in the said approved layout into house plots.
5.The learned counsel appearing for the 5th respondent, Mr.Karunanidhi, responded to the same, saying that the 5th respondent is not at all taking any steps to convert the OSR land into house plots, and he has fully abided by the approval granted for the said layout by an order dated 19.09.1987.
6.In view of the said submission, this Court hereby direct the respondents 1, 3 and 4 to consider the petitioner's representation dated 3/6
18.06.2024 and 26.07.2024 after putting the petitioner as well as the 5th respondent on notice and ascertain as whether any modification has been effected to the approved layout in R.O.C.No.340/1986 dated 19.09.1987 and accordingly pass appropriate orders in accordance with law within a period of six (6) weeks from the date of receipt of a copy of this order.
7. With the above directions, this Writ Petition is disposed of. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed.
28.01.2025 NCC : Yes / No Index : Yes / No Internet : Yes Sml To 1.The Director of Town and Country Planning Authority, Directorate of Town and Country Planning Head Office, No.807, Anna Salai, Chennai 600 002.
2The Inspector General of Registration, No.100, Santhome High Road, Chennai 600 028.
3.The Chairman, Local Planning Authority, Cell Premises, Thanjavur, 4/6
4.The Commissioner, Kumbakonam Municipal Corporation, Srinagar Colony, Thiruvidaimaruthur Road, 5/6
L.VICTORIA GOWRI, J.
Sml 28.01.2025 6/6