W.P(MD)No.5936 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 10.08.2026 CORAM: THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P(MD)No.5936 of 2019 1. R.Sekharan 2. S.Latha ... Petitioner(s) vs. 1. The District Collector, Kanyakumari District , at Nagercoil. 2. The Executive Officer, Edaicode Town Panchayat, Vilavancode Taluk. Kanyakumari District. ... Respondent(s) PRAYER : Writ Petition filed under Article 226 of Constitution of India, praying this Court to issue of Writ of Certiorarified Mandamus calling for the records pursuant to the Impugned order in Na.Ka.NO.247/17/A2 dated 22.05.2017 passed by the 2nd respondent and to quash the same and consequently direct the 2nd respondent to approve the house site measuring 10.5 cents in Survey No. 526/2 situated in Edaicode Village, Vilavancode Taluk, Kanyakumari District and to 1/5 https://www.mhc.tn.gov.in/judis W.P(MD)No.5936 of 2019 give permission for the building plan. For Petitioner : Mr. V.Santhakumaresan For R1 : Mr.A.Mohan, G.A.(Civil) For R2 : Mr.M.Mahaboob Athiff, SGP O R D E R This writ petition has been filed challenging the impugned order dated 22.05.2017 passed by the second respondent and consequently, to direct the second respondent to approve the house site measuring 10.5 cents in Survey No. 526/2 situated in Edaicode Village, Vilavancode Taluk, Kanyakumari District and to give permission for the building plan. 2. The learned counsel appearing for the petitioners would submit that the petitioners are the owners of the property comprised in Survey No.526/2 and has submitted an application before the respondent-Local Body seeking building plan permission for construction of a residential house. However, the said application was rejected on the ground that the revenue records classify the subject land as agricultural/wet land and that prior permission is required for change of land use. 2/5 https://www.mhc.tn.gov.in/judis W.P(MD)No.5936 of 2019 3. The learned counsel appearing for the petitioners would further submit that the petitioners are willing to approach the competent authority seeking permission for change of land use from agricultural to non-agricultural purpose. Therefore, liberty may be granted to the petitioners to approach the Director of Town Panchayats for appropriate permission in accordance with law. 4. In view of the above submission, this Writ Petition is disposed of, granting liberty to the petitioners to approach the competent authority, including the Director of Town Panchayats, by submitting an appropriate application in Form 1 under under Rule 3 for change of land use from agricultural to non- agricultural purpose, in terms of the Tamil Nadu Change of Land Use (From Agriculture to Non-Agriculture Purposes in Non-Planning Areas) Rules, 2017, read with Section 47-A of the Tamil Nadu Town and Country Planning Act, 1971. No costs. 10.08.2026 NCC : Yes / No Index : Yes / No Internet : Yes PKN 3/5 https://www.mhc.tn.gov.in/judis W.P(MD)No.5936 of 2019 To 1. The District Collector, Kanyakumari District , at Nagercoil. 2. The Executive Officer, Edaicode Town Panchayat, Vilavancode Taluk. Kanyakumari District. 4/5 https://www.mhc.tn.gov.in/judis W.P(MD)No.5936 of 2019 M.DHANDAPANI ,J. PKN ORDER MADE IN W.P(MD)No.5936 of 2019 DATED : 10.08.2026 5/5 https://www.mhc.tn.gov.in/judis