P.K Manoharan v. The Assistant Director,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16.09.2025

CORAM:

THE HON'BLE MS.JUSTICE P.T.ASHA W.P.(MD).No.25177 of 2025 P.K.Manoharan ... Petitioner Vs.

1. The Assistant Director, District Town and Country Planning Officer, Karur District.

Karur.

2. The Block Development Officer, Andarkoil West, Manmangalam, Karur District.

3. The President, Andankovil West, Manmangalam, Karur District.

... 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 to grant building plan approval to the petitioner in pursuance of his online application dated 10.02.2025 in S.F.No.661/6A for Plot No.1 at Andankovil East Village. Manmangalam Taluk, Karur District within time frame fixed by this Honble Court.

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For Petitioner : Mr.N.Shanmugaselvam For R1 : Mrs.S.Jeya Priya Government Advocate For R2 : Mr.V.Om Prakash Government Advocate (Civil.Side)

ORDER

The writ petition has been filed seeking a direction to the respondents to grant building plan approval considering his application dated 10.02.2025.

2. Mrs.S.Jeya Priya. learned Government Advocate takes notice on behalf of the 1st respondent and Mr.V.Om Prakash, learned Government Advocate (Civil.Side) takes notice on behalf of the 2nd respondent.

3. The facts as set out in the affidavit filed in support of the writ petition are as follows:- 2/6

The petitioner would submit that he had purchased a land measuring an extent of 5665 sq.ft comprised in Anandankovil East Village, Manmangalam Taluk, Karur District under a registered Sale Deed dated 15.03.2022 in Doc.No.2624 of 2022, which is assigned as Plot No.1. The patta for the subject property was also issued in the name of the petitioner in Patta No.2711. The petitioner submitted an online application on 10.02.2025, seeking building plan approval before the 1st respondent. However, the same was returned on 25.02.2025 stating that the subject property is the subject matter of a court case before the Madurai Bench of Madras High Court in W.P(MD)No.20413 of 2023. The petitioner would submit that upon verifying the same, he came to learn that one Malaiappa Swamy, who is the owner of Plot No.2 had filed a writ petition in W.P.No.

18332 of 2022 seeking temporary electricity service connection to his land and this Court directed the respondent officials to consider his application for temporary electricity service connection. However, the respondent officials refused to grant temporary electricity connection to him on the ground that the 3rd respondent therein had cancelled the building plan approval granted to the petitioner vide order dated 10.10.2022.

the said Malaiappa Swamy, challenged the order of cancellation of building plan approval dated 10.10.2022 before this Court in W.P. (MD)No.20413 of 2023. The petitioner would further submit that the issue pending before this Court in the above writ petition is no way connected to the petitioner since the land bearing Plot No.2 is the adjacent land.

4. The learned counsel appearing for the petitioner would submit that the petitioner is in possession and enjoyment of the subject land which was assigned as Plot No.1 and the land in dispute is the adjacent land which was assigned as Plot No.2. However, without inspecting the property, the 1st respondent had rejected the online application of the petitioner dated 10.02.2025 without giving an opportunity to the petitioner is against the principles of natural justice. Therefore, he seeks to allow this writ petition.

5. The learned Government Advocate appearing for the respondents 1 and 2 would submit that the online application submitted by the petitioner dated 10.02.2025 will be considered, within the time stipulated by this Court.

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6. In view of the above, the writ petition stands allowed. The respondents 1 and 2 are directed to grant building plan approval to the petitioner considering his online application dated 10.02.2025 within a period of three (3) weeks from the date of receipt of a copy of this order. No costs.

16.09.2025 NCC :yes/No Index :yes/No Internet:yes/No rgm 5/6

P.T.ASHA, J.

rgm To

1. The Assistant Director, District Town and Country Planning Officer, Karur District.

Karur.

2. The Block Development Officer, Andarkoil West, Manmangalam, Karur District.

W.P.(MD).No.25177 of 2025 16.09.2025 6/6