High Court · 2025

W.P.No.5829 of 2021IN THE HIGH COURT OF JUDICATURE AT MADRASDATED : 12.03.2025CORAM:THE HONOURABLE MR. JUSTICE J.SATHYA NARAYANA PRASADW.P.No.5829 of 2021andW.M.P.No.6411 of 2021S.Sumathi...Petitioner-Vs-1.The Executive Officer, Arachalur Town Panchayat, Arachalur, Erode District.2.S.Gowrisankar...RespondentsPrayer: Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of a direction in the nature of Writ of Certiorari, calling for the records relating to the impugned order dated 28.01.2020 made in Na.Ka.No.302/2018 by the 1st respondent and quash the same and pass such further orders.For Petitioner:Mr.R.PrabakarFor R1:Mr.N.Naveen Kumar,Government AdvocateFor R2:M/s.V.Sasirekhafor Mr.C.E.Pratap1/8 https://www.mhc.tn.gov.in/judis W.P.No.5829 of 2021O R D E RThis writ petition has been filed for issuance of a Writ of Certiorari, calling for the records relating to the impugned order dated 28.01.2020 made in Na.Ka.No.302/2018 by the 1st respondent and quash the same.2. The case of the petitioner is that she purchased house sites in S.F.No.1072/A corresponding to R.S.No.145/2 bearing plot Nos.444 and 44B measuring an extent of 1536 sq. ft. and 435 ½ sq.ft., respectively, from the original owners of the property vide sale deed dated 21.01.2014 bearing Doc.No.89 of 2014 for valuable consideration and is enjoying the same. Thereafter, the petitioner applied for mutation of revenue records, and it has been carried out through the patta transfer order, and her name has been incorporated in the patta No.1683 of Arachalur Village. The petitioner had also applied and obtained separate electricity connections to the said property.3. The petitioner applied for regularization as per the Unapproved Plots and Layout Regularization Rules 2017 through her application dated 18.04.2018 for the plots bearing Nos.44A and 44B to the 1st respondent and paid necessary charges to the same. Accordingly, the petitioner's plots were 2/8 https://www.mhc.tn.gov.in/judis W.P.No.5829 of 2021regularized, as per the proceedings of the 1st respondent dated 04.10.2018 made in Na.Ka.No.286 of 2018. Similarly, the petitioner obtained building permission from the 1st respondent through her application dated 16.10.2018, and the same has been granted by the 1st respondent vide proceedings dated 31.10.2018 in 34/2018-2019. Pursuant to the same, the petitioner constructed the building in her plots.4. Due to hindrance from the 2nd respondent, the petitioner was constrained to file suit for permanent injunction against him in O.S.No.284 of 2018 on the file of the I Additional District Munsif Court, Erode and the same is pending. While being so, the 1st respondent issued notice dated 23.09.2019 stating that the petitioner has violated the building permission granted. The petitioner responded to the said notice through a reply dated 21.01.2020, whereby an undertaking was made that if any violation is pointed out, the petitioner was ready to pay the necessary charges and make necessary arrangements. However, the 1st respondent passed the impugned order dated 28.01.2020 cancelling the building license. Aggrieved by the same, the petitioner has come up with the present writ petition.3/8 https://www.mhc.tn.gov.in/judis W.P.No.5829 of 20215. Learned counsel appearing for the petitioner submitted that the planning permission issued to the petitioner on 31.10.2018 and the same was cancelled on 28.01.2020 without giving any notice to the petitioner, based on the report submitted by VAO dated 28.01.2020.6. The report passed by the VAO vide Na.Ka.No.302/2018 dated 28.01.2020 is extracted hereunder: @<nuhL khtl;lk;. mur;rYhh; ngU:uhl;rp thh;L vz;/3 khhpak;kd; efhpy; rh;nt vz;/145/2. y; g[jpajhf tPL fl;Ltjw;F ,t;tYtyfj;jpy; ghh;itapy; fhQqk; cj;jutpd; go cj;jut[ bgw;Ws;sPh;fs;/ nkYk; tiuglj;jpy; 975 r/mo mstpy; fPH;jsk; kw;Wk; 975 rJu mo mstpy; Kjy; jsk; fl;Ltjhf bjhptpj;J. tiuglk; rkh;g;gpj;J m';fPfhuk; bgw;Ws;sPh;fs;/ jw;bghGJ ngU:uhl;rp K:yk; j';fsJ fl;olj;ij Ma;t[ bra;j nghJ tiugl mstpw;F mjpfkhf fl;olk; fl;oa[s;sjhf bjhpatUfpwJ/ vdnt jh';fs; mjpf mst[ fl;oa[s;s fl;olj;jpw;F vGj;J g{h;tkhf chpa tpsf;fk; mspf;FkhW bjhptpf;fg;gl;lJ/ nkYk; ghh;it 3y; fhQqk; fpuhk eph;thf mYtyh; 'm' fpuhkk; mth;fspd; fojj;jpd; go. jpUkjp/Rkjp f/bg re;junrfud; vd;gth; tPL 145/2y; ghj;jpag;gl;Ls;sJ. nkYk; mth; hp/r/vz;/144/1By; Mf;fpukpg;g[ bra;J tPL fl;oa[s;shh; vd fs tprhuizapd; K:yk; bjhptpj;J vd;W mspj;Js;sjd; nghpYk;. nkYk; ghh;it 1y; fhQqk; ,t;tYtyf fl;ol tiu gl m';fPfhu chpk vz;/34/2018-19, ehs; 30.10.2018d; go bray;Kiw Miz epge;jidfSf;Fl;gl;L j';fSila tiugl m';fPfhu chpkk; uj;J bra;ag;gLfpwJ vd ,jd; K:yk; bjhptpf;fg;gLfpwJ/@4/8 https://www.mhc.tn.gov.in/judis W.P.No.5829 of 20217. Learned Government Advocate appearing for the 1st respondent submitted that the petitioner has violated the planning permit granted to her and put up additional construction for which due notice was given to the petitioner on 23.09.2019, and the petitioner gave a reply to the said notice on 21.01.2020, wherein she has stated that for the additional construction put up in the building, the petitioner is ready to pay the charges and taxes levied by the 1st respondent.8. It is further submitted that the petitioner has filed the suit for permanent injunction against the 2nd respondent vide O.S.No.284 of 2018 on the file of the I Additional District Munsif Court, Erode and the same was dismissed on 22.03.2021.9. Heard both sides and perused the materials available on record.10. In the present case, it is an admitted fact that the additional construction has been put up by the petitioner, for which the petitioner was ready to pay the charges and tax as fixed by the 1st respondent. In the case of deviated construction, the authorities shall impose the penalty or charges 5/8 https://www.mhc.tn.gov.in/judis W.P.No.5829 of 2021which is admissible as per law. The authorities have no right to cancel the planning permit which was issued to the petitioner/builder.11. In view of the above facts and circumstances of the case, the impugned order passed by the 1st respondent vide Na.Ka.No.302/2018 dated 28.01.2020 is hereby set aside, and this Court is inclined to pass the following directions:a)The 1st respondent is directed to revoke the cancellation order of the planning permit which was granted to the petitioner on 31.10.2018 within a period of 6 weeks.b)The 1st respondent is also directed to fix the penalty/charges for the additional construction put up by the petitioner, if any, in accordance with law, and the same may be intimated to the petitioner within a period of 2 weeks from the date of receipt of a copy of this order.c)On receipt of such intimation or notice from the 1st respondent, the petitioner shall pay the required penalty/charge to the 1st respondent within a period of two weeks thereof. The charges should be on the prevailing date, i.e., in the year 2018.6/8 https://www.mhc.tn.gov.in/judis W.P.No.5829 of 2021In the result, the writ petition stands disposed of with the above observations and directions. No costs. Consequently, connected miscellaneous petition is closed.12.03.2025cdaIndex : Yes/NoSpeaking/Non Speaking orderToThe Executive Officer,Arachalur Town Panchayat,Arachalur,Erode District.7/8 https://www.mhc.tn.gov.in/judis W.P.No.5829 of 2021 J.SATHYA NARAYANA PRASAD, J.cdaW.P.No.5829 of 202112.03.20258/8