Madrasdated High Court · 2025

W.P.No.24937 of 20254.The District Collector,Office of the District Collector,Tiruppur District, Tiruppur – 641 604.5.The Joint Director of Agriculture,Tiruppur District, Tiruppur – 641 603.6.The Block Development Officer/Special Officer,Kundadam Village Panchayat,Dharapuram Taluk, Tiruppur District – 638 702.7.The President,Sankarandampalayam Village Panchayat,Dharapuram Taluk, Tiruppur District – 638 706.8.M/s. Sri Gowri Steel Rolling Mills,Rep. by Partner, K.Durairaj,S.F.No.7/1, 7/2, Vadugapalayam Village, Dharapuram Taluk, Tiruppur District. ...Respondents Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, to call for records of the impugned order in Na.Ka.No.4597/2022/A1 dated 09.06.2025 passed by the 4th respondent under section 160 of Tamil Nadu Panchayats Act, 1994 and quash the same and consequently forbearing the respondents 4 & 7 from granting or permitting any construction activities or installation of machineries or establishment of a Steel Melting Plant or Steel Rolling Mill by the 8th respondent without prior and proper re-classification of the lands in S.F.No.7 of Vadugapalayam Village, Dharapuram Taluk, Tirupur District by the Competent Authority under the Tamil Nadu Town and Country 2/13 https://www.mhc.tn.gov.in/judis W.P.No.24937 of 2025Planning Act, 1971, and the grant of a valid Building permit as per the Tamil Nadu Combined Development and Building Rules, 2019.For Petitioners: Mr.Srinath Sridevan, Senior Advocate, for Mr.P.NethajiFor Respondents: Mr.M.Shajakhan, Spl.GP, for R1 to R5: Mr.C.Gauthamaraj, for R6 & R7: Mr.ARL.Sundaresan, Senior Counsel, for Mr.C.Prakasam, for R8ORDERThe petitioners have come up with this Writ petition challenging the order passed by the 4th respondent under section 160 of Tamil Nadu Panchayats Act, 1994 in Na.Ka.No.4597/2022/A1 dated 09.06.2025 and to consequently, forbear the respondents 4 & 7 from granting or permitting any construction activities or installation of machineries or establishment of a Steel Melting Plant or Steel Rolling Mill by the 8th respondent without prior and proper re-classification of the lands in S.F.No.7 of Vadugapalayam Village, Dharapuram Taluk, Tirupur District by the Competent Authority under the Tamil Nadu Town and Country Planning Act, 1971, and the grant of a valid Building permit as per the Tamil Nadu Combined Development and Building Rules, 2019.3/13 https://www.mhc.tn.gov.in/judis W.P.No.24937 of 20252. The petitioners before me are residents of Sankarandampalayam, who are aggrieved by the order of the District Collector granting:-(i) Permission to convert the agricultural land into non-agricultural use;(ii) Permission to put up the construction in terms of the Tamil Nadu Combined Development and Building Rules, 2019; and(iii) Permission under Section 160 of the Tamil Nadu Panchayats Act, 1994, the present writ petition is filed.3. Both the parties have approached the Court on several occasions.4. The 8th respondent seeks to establish a Steel Rolling Mill in Sankarandampalayam Village. The place, which he identified for putting up the construction is S.F.Nos.7/1 & 7/2, Vadugapalayam Village, Dharapuram Taluk, Tiruppur District. The 8th respondent has obtained permission from the Tamil Nadu Pollution Control Board, Forest Department, and also a Certificate from the Tahsildar, Dharapuram stating that the lands in which the buildings are proposed to be put up are unfit for agricultural use. On the 4/13 https://www.mhc.tn.gov.in/judis W.P.No.24937 of 2025strength of these and other records, the 8th respondent approached the District Collector for grant of permission to convert the lands from agricultural use to non-agricultural use. 5. This Court, vide order dated 22.09.2023 in W.P.No.20996 of 2023, held that reclassification of lands would first have to be ordered and thereafter, the application under Section 160 of Tamil Nadu Panchayats Act, 1994 would be considered. Once again, the 8th respondent approached this Court in W.P.No.17616 of 2024 seeking for a direction to the District Collector to consider its representation dated 02.12.2023 and 05.02.2024 for conversion of the land. This Court, by an order dated 12.08.2024 directed the District Collector to forward the papers to the Commissionerate of Land Administration, who in turn shall consider the same and pass orders within a period of eight (8) weeks thereafter. Yet again, the 8th respondent filed a writ petition before this Court in W.P.No.22333 of 2025, challenging the proceedings of the Block Development Officer, Kundadam Panchayat Union dated 21.04.2025, whereby, the said authority had cancelled the Building Plan approval, on the ground that the 8th respondent had not 5/13 https://www.mhc.tn.gov.in/judis W.P.No.24937 of 2025obtained the land reclassification orders. When the said writ petition was taken up for disposal, it was brought to the notice of this Court that the District Collector, vide order dated 09.06.2025 had not only granted permission to reclassify, but had also permitted the 8th respondent to run machineries in terms of Section 160 of the Tamil Nadu Panchayats Act, 1994. The petitioners herein, on coming to know of the said order of the District Collector dated 09.06.2025, have put the same to challenge in the present writ petition.6. I have heard Mr.Srinath Sridevan, learned Senior Advocate for Mr.P.Nethaji, for the petitioners, Mr.M.Shajakhan, Special Government Pleader, for the respondents 1 to 5, Mr.C.Gauthamaraj, for the respondents 6 & 7 and Mr.A.R.L.Sundaresan, learned Senior Counsel, for Mr.C.Prakasam for the 8th respondent. I have also gone through the records.7. A perusal of the impugned order shows that the District Collector has exercised the powers to reclassify the lands, grant permission to put up the building, as well as to run the machinery in terms of Section 160 of the 6/13 https://www.mhc.tn.gov.in/judis W.P.No.24937 of 2025Tamil Nadu Panchayats Act, 1994. The short issue that I have to consider is whether the District Collector has jurisdiction to do so. 8. Insofar as the change of land use is concerned, it is governed by the Statutory rules framed by the State of Tamil Nadu, in exercise of its powers under Section 122 r/w. 47A of the Tamil Nadu Town and Country Planning Act, 1971. Under these rules, in case the lands are wet lands, the Director of Town and Country Planning has to get the concurrence of the District Collector, and in case the lands are dry lands, he has to get report from the Joint Director of Agriculture of the concerned area.9. It is not in dispute, across the bar, that the lands involved are only dry lands. Therefore, the role of the District Collector in granting change in classification does not arise at all. The power to grant conversion of agricultural land into non-agricultural use is vested with the Director of Town and Country Planning. He has to get a report from the Joint Director of Agriculture and apply his mind as directed under Rule 7 of the aforesaid Rules, and pass orders. Instead of the Director of Town and Country 7/13 https://www.mhc.tn.gov.in/judis W.P.No.24937 of 2025Planning, the District Collector seems to have usurped that jurisdiction, and passed orders. Hence, the said order has to necessarily be interfered with.10. Insofar as the Building permissions are concerned, the State of Tamil Nadu has framed rules in exercise of Section 122 of the Tamil Nadu Town and Country Planning Act and Section 242 of the Tamil Nadu Panchayats Act, 1994, amongst other rule making legislations. This rule is the Tamil Nadu Combined Development and Building Rules, 2019.11. As per rule 5 of the said Rules, the power to grant a building permission is not available with the District Collector. Under rule 5(3), the competent authority for issuing Building permits, is the Executive authority of the local body or any other agency or person to whom the power is so delegated. 12. Finally, under Section 160 of the Tamil Nadu Panchayats Act, 1994, the authority which is entitled to grant permission for construction, establishment of a factory which uses steam power, water power or other 8/13 https://www.mhc.tn.gov.in/judis W.P.No.24937 of 2025mechanical power, or electrical power, or to install any machinery, or manufacturing plant, is the concerned Panchayat Union Council. 13. A perusal of all the rules and the Panchayat Act makes it clear that the District Collector is bereft of jurisdiction to deal with all the three applications. Accordingly, the impugned order of the 4th respondent in Na.Ka.No.4597/2022/A1 dated 09.06.2025 is set aside.14. However, taking into consideration that the petitioners and the 8th respondent have been litigating before this Court for years on end, I am inclined to pass the following directions:-(i) The District Collector shall forthwith transmit the files relating to the change of land usage to the Director of Town and Country Planning, Chennai;(ii) The Director of Town and Country Planning, Chennai shall pass orders on the application so made by the 8th respondent within a period of four weeks from the date he receives the papers from the District Collector. 9/13 https://www.mhc.tn.gov.in/judis W.P.No.24937 of 2025In case, the Director of Town and Country Planning does not grant the permission, the buck stops there;(iii) In case the Director of Town and Country Planning permits the conversion from Agricultural to non-agricultural use, the application made by the 8th respondent for putting up a construction shall be considered by the 6th respondent within a period of four weeks thereafter.(iv) In case, the 8th respondent secures consent of both the authorities, the 6th respondent shall thereafter consider the application filed by the 8th respondent for installing of machinery and running a factory under Section 160 of the Tamil Nadu Panchayats Act, 1994, and pass orders within two weeks thereafter.(v) The timelines fixed under this order is after taking into consideration the fact that the petitioners and the 8th respondent have been troubling the Courts and the authorities for years on end. Hence, the time fixed under this order will not be extended at the instance of any of the parties.10/13 https://www.mhc.tn.gov.in/judis W.P.No.24937 of 202515. With the above observations and directions, this Writ petition stands allowed. No costs. Consequently, the connected miscellaneous petitions are closed.16. Call on 11.11.2025, for reporting compliance.15.09.2025sktIndex: Yes/NoSpeaking order : Yes/NoNCC: Yes/NoNote to office: Issue order copy on 16.09.2025.To:1.The State of Tamil Nadu,Represented by its Secretary,Revenue and Disaster Management Department,Fort St. George, Chennai – 600 009.2.The Director of Town and Country Planning,Director of Town and Country Planning,2nd, 3rd and 4th Floors, C & E Market Road,Koyambedu, Chennai – 600 107.11/13 https://www.mhc.tn.gov.in/judis W.P.No.24937 of 20253.The Commissionerate of Land Administration,Ezhilagam, Chepauk, Chennai – 600 005.4.The District Collector,Office of the District Collector,Tiruppur District, Tiruppur – 641 604.5.The Joint Director of Agriculture,Tiruppur District, Tiruppur – 641 603.6.The Block Development Officer/Special Officer,Kundadam Village Panchayat,Dharapuram Taluk, Tiruppur District – 638 702.7.The President,Sankarandampalayam Village Panchayat,Dharapuram Taluk, Tiruppur District – 638 706.12/13 https://www.mhc.tn.gov.in/judis W.P.No.24937 of 2025V.LAKSHMINARAYANAN, J. sktW.P.No.24937 of 2025andWMP.Nos.28093 & 30756 of 202515.09.202513/13