✦ High Court of India · 23 Jun 2025

High Court · 2025

Case Details High Court of India · 23 Jun 2025

Court

High Court of India

Decided

23 Jun 2025

Bench

M SUNDAR

Length

1,450 words

Acts & Sections

Constitution of India Kanchipuram District as per the provisions of the Tamil Nadu Town and Country Planning Act 1971 Tamil Nadu Town and Country Planning Act 1971

W.P.No. 32077 of 2023IN THE HIGH COURT OF JUDICATURE AT MADRASDATED: 23.06.2025CORAM :THE HON'BLE MR. JUSTICE M. SUNDARandTHE HON'BLE MR. JUSTICE R. SAKTHIVELW.P. No.32077 of 2023W.M.P. No.31660 of 2023 (Stay Petition)W.M.P. No.36030 of 2024 (Implead Petition) andW.M.P. No.33238 of 2024 (Direction Petition)1.Amala Merry Churchrepresented by its Parish PriestVayalur Kootrodu Bus StopR.N. Kandigai Village, Uthiramerur TalukKancheepuram District 603 4022.Diocese of Chingleput Societyrepresented by its Property AdministratorCatholic Bishop HouseKancheepuram RoadThimmavaramChengalpattu 603 101Petitionersvs.1.The Assistant Director/Deputy Director (I/c)Office of District Town and Country PlanningKancheepuram District 631 501 2.Catholic Fraternity Awakening Societyrepresented by its Secretary R. Francis AmbroseNo.3, KumarapuramChromepet, Pallavaram TalukChengalpattu District 600 044 (R2 impleaded as per order dated 01.04.2024 in W.M.P.No.6472 of 2024 in W.P.No.32077 of 2023)3.The District CollectorKanchipuram District (R3 impleaded as per order dated 04.07.2024 in W.M.P.No.17913/2024 in W.P.No.32077 of 2023)Page 1 of 10 https://www.mhc.tn.gov.in/judis W.P.No. 32077 of 20234.The Secretary to GovernmentHousing and Urban Development DepartmentSecretariatFort St. GeorgeChennai - 600 009Respondents(R4 impleaded by Court suo motu today)Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a writ of certiorarified mandamus calling for the records of the respondent dated 16.10.2023 in Na.Ka.1602/2023-Ka.Ma.2 on its file, quash the same and direct the respondent to grant approval for constructions at Survey No.171A/1B of R.N. Kandigai Village, Uthiramerur Taluk, Kanchipuram District as per the provisions of the Tamil Nadu Town and Country Planning Act, 1971, as per the petitioners' online application vide No.SWP/BPA/0043729/2023 dated 17.10.2023.For petitionersMs. Hema SampathSr. Counselfor Ms. B. Louis SharmilaFor RR 1 & 3Mr. T.K. SaravananAddl. Govt. PleaderFor R2Dr. G. BabuFor petitioner inWMP No.36030No appearanceof 2023ORDER(made by M. SUNDAR, J.)Captioned main 'writ petition' [hereinafter 'WP' for the sake of brevity] has been filed with a prayer for issue of a writ of certiorarified mandamus.Page 2 of 10 https://www.mhc.tn.gov.in/judis W.P.No. 32077 of 20232.As regards the certiorari limb, a 'communication/order signed by R1 (Assistant Director/Deputy Director {I/c}, Office of District Town and Country Planning) on 16.10.2023 bearing reference Na.Ka.1602/2023-Ka.Ma.2' [hereinafter 'impugned order' for the sake of convenience and clarity] has been called in question. In and vide the mandamus limb, a prayer has been made seeking a direction to the respondent concerned to grant approval qua writ petitioners' online application on 17.10.2023 bearing reference No.SWP/BPA/0043729/2023.3.Ms. Hema Sampath, learned Senior Counsel appearing on behalf of Ms. B. Louis Sharmila, learned counsel on record for writ petitioners, Mr. T.K. Shanmugam, learned Additional Government Pleader for RR 1 and 3 and Dr. G. Babu, learned counsel for R2 (private respondent) are before us.4.'Lands comprised in S.Nos.171A/1A2, 171A/1B, 173/2A1, 172/1A, 177/1C, 177/1D, 177/3B1 and 177/3B2 in R.N. Kandigai Village, Uthiramerur Taluk, Kancheepuram District admeasuring 4.08 acres or thereabouts' shall hereinafter be referred to as 'said lands' for the sake of convenience and clarity. Superstructure on said lands put up by writ petitioners is the subject matter of captioned main WP Page 3 of 10 https://www.mhc.tn.gov.in/judis W.P.No. 32077 of 2023and the same shall hereinafter be referred to as 'said construction'. Concededly, said construction has been put up without obtaining permission/sanction. This resulted in impugned order being issued by R1 inter alia under Sections 56 and 57 of 'the Tamil Nadu Town and Country Planning Act, 1971 (Tamil Nadu Act 35 of 1972)' [hereinafter 'TCP Act' for the sake of brevity] and vide TCP Act, the writ petitioners have inter alia been called upon to vacate the said construction and the writ petitioners have also been put on notice qua lock and seal. The very next day, i.e., on 17.10.2023, the writ petitioners have made an online building plan application and the same is pending before the Secretary, Housing and Urban Development Department, Fort St. George, Chennai – 600 009. To be noted, the mandamus limb of the prayer adverted to supra pertains to this online building plan application.5.Learned Senior Counsel for writ petitioners made some submissions regarding the alleged circumstances which led to putting up of said construction which were vehemently disputed by Dr.G.Babu, learned counsel for R2. We refrain from embarking upon adjudication qua said disputations/contestations, leave open all questions in this regard as we are of the considered view that it would be outside the legal perimeter of the captioned main WP.Page 4 of 10 https://www.mhc.tn.gov.in/judis W.P.No. 32077 of 20236.Reverting to the certiorari limb of the prayer, it is very fairly submitted by learned Senior Counsel for writ petitioners that the writ petitioners have sought revision of the impugned order of R1 vide a statutory revision under Section 80-A of the TCP Act captioned 'Special powers of Government' which is described as 'further special revision' by learned State counsel. This statutory revision under Section 80-A of the TCP Act is dated 15.12.2023 and learned State counsel confirms that it is under active consideration of the revisional authority, viz., The Secretary to Government, Housing and Urban Development Department, Secretariat, Fort St. George, Chennai - 600 009. Therefore, we suo motu implead the revisional authority as R4 and Mr. T.K. Saravanan, learned Additional Government Pleader, accepts notice for newly impleaded R4 also.7.As there is no disputation or disagreement before this Court that alternative remedy is effective and efficacious as the same has admittedly been availed and as the same is under active consideration of the revisional authority, we deem it appropriate to give a closure to the certiorari limb of the prayer by writing that the statutory revision, now pending before R4, shall proceed on its own merits and in accordance with law untrammelled by this order and it shall be given a conclusion as expeditiously as the official business of R4 permits.Page 5 of 10 https://www.mhc.tn.gov.in/judis W.P.No. 32077 of 20238.As regards the mandamus limb of the prayer, this Court is of the considered view that there cannot be a mandamus to the authority concerned to 'grant' approval. Therefore, the mandamus limb of the prayer is not acceded to but it is made clear that it is open to the authority concerned to consider the online building plan application on its own merits and in accordance with law. In this regard, we are informed that considering the nature of said construction, a No Objection Certificate (NOC) from R3 is imperative vide serial no.(6) of Annexure XVII of 'the Tamil Nadu Combined Development and Building Rules, 2019' [hereinafter 'said Rules' for the sake of brevity], a scanned reproduction of which is as follows:9.The aforementioned Annexure XVII of the said Rules is traceable to Rule 9 of said Rules, a scanned version of which is as follows:Page 6 of 10 https://www.mhc.tn.gov.in/judis W.P.No. 32077 of 2023Page 7 of 10 https://www.mhc.tn.gov.in/judis W.P.No. 32077 of 202310.This Court is informed that R3 has already been approached by the writ petitioners with a request for NOC. Therefore, we make it clear that it is open to R3 to consider the writ petitioners' request for issue of NOC on its own merits and in accordance with law. We make it clear that we have not expressed any view or opinion on the merits of the matter. 11.Captioned main WP stands disposed of in the aforesaid manner. Consequently, connected W.M.P. No.31660 of 2023 (stay petition) stands disposed of as closed. There shall be no order as to costs.12.As regards captioned W.M.P.No.36030 of 2024 (Implead Petition), there was no representation for the implead petitioner in the previous listing on 20.06.2025. Today also, there is no representation though the captioned matter is listed under the cause list caption 'FOR DISMISSAL'.13.Be that as it may, in the light of the manner in which we have disposed of the certiorari and mandamus limbs of the prayer in the captioned main WP, we are of the considered view that it will serve ends of justice to give a closure to implead WMP by writing that the same is disposed of as closed without expressing any view or Page 8 of 10 https://www.mhc.tn.gov.in/judis W.P.No. 32077 of 2023opinion one way or the other about the implead prayer and making it clear that rights and contentions (if any) of implead petitioner will stand preserved untrammelled by this order.14.As regards W.M.P.No.33238 of 2024 (Direction Petition), the same has been taken out by R2 in the captioned main WP. In the light of the manner in which we are disposing of the captioned main WP, W.M.P. No.33238 of 2024 is also disposed of as closed, albeit by preserving all the rights and contentions of WMP petitioner (R2 in the captioned main WP) for being canvassed in any appropriate forum.(M.S.,J.) (R.S.V.,J.) 23.06.2025cadIndex : Yes/NoNC : Yes/NoPage 9 of 10 https://www.mhc.tn.gov.in/judis W.P.No. 32077 of 2023M. SUNDAR, J.andR. SAKTHIVEL, J.cadTo1.The Assistant Director/Deputy Director (I/c)Office of District Town and Country PlanningKancheepuram District 631 501 2.The District CollectorKanchipuram District 3.The Secretary to GovernmentHousing & Urban Development DepartmentFort St. GeorgeChennai 600 009W.P.No.32077 of 202323.06.2025Page 10 of 10

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