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2025 DAILYLAW 154860 (MAD)

R.Gopalan v. The District Collector

WP(MD)/21449/2025 · 2025-08-07

C Saravanan

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

W.P.(MD) No. 21449 of 2025 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.08.2025 CORAM: THE HONOURABLE MR.JUSTICE C.SARAVANAN W.P.(MD) No. 21449 of 2025 R.Gopalan ... Petitioner Vs 1. The District Collector, Tiruchirappalli District, Cantonment, Tiruchirappalli - 01. 2. The Director, Directorate of Town and Country Planning, 2nd Floor, C and E Market Road, Koyambedu, Chennai. 3. The Joint Director, Directorate of Town and Country lanning, Kajamalai Main Road, Kajamalai, Trichy. 4. The Block Development Officer, Manikandam Panchayath, Trichirappalli District. 1/6 https://www.mhc.tn.gov.in/judis W.P.(MD) No. 21449 of 2025 5. The Tahsildar, Srirangam Taluk, Tiruchirappalli District. 6. Prema 7. Uma Maheswari ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus to direct the respondents 1 and 2 to conduct appropriate enquiry upon petitioner’s representation dated 18.09.2024 as required under law seeking cancellation of the layout approval granted in Ma.Va./Na.Oo.E.E.(Thi.Maa) No. 88/2024 in respect of the property in survey No. 139, Alundhur village, Srirangam Taluk, Tiruchirappalli District on merits in accordance with law. For petitioner : Mr. K.S.Kathiravan For respondents : Mr.K.R.Badurus Zaman Government Advocate for R1 to R3 & R5 Mr.S.Shaji Bino Special Government Pleader for R4 ***** ORDER This Writ Petition is disposed of at the time of admission with the consent of the learned counsel for the petitioner, the learned Government Advocate for the respondents 1 to 3 and 5 and the learned Special Government Pleader for the 2/6 https://www.mhc.tn.gov.in/judis W.P.(MD) No. 21449 of 2025 fourth respondent and after dispensing with the notice on the private respondents 6 and 4, who are the promoters / owners of the land in Survey No.139, Alundhur village, Srirangam Taluk, Tiruchirappalli District. 2. It is the case of the petitioner that the private respondents have applied for layout approval for 10 acres of land in Survey No.139 of the aforesaid village. However, while filing an application, they have shown the land belonging to the petitioner as the approach road. 3. It is the further case of the petitioner that the Block Development Officer, in his proceedings bearing reference in Na.Ka.No.M4/5046/2024, dated 06.11.2024, has also observed that the private respondents have not obtained any permission stating that the petitioner's land in Survey No.138 is the approach road. However, it is submitted that the layout approval has been given to the private respondents vide layout approval No.88/2024, dated 20.11.2024 by the second respondent. 4. The learned Government Advocate for the respondents 1 to 3 and 5, on the other hand, would draw attention to a communication passed by the third 3/6 https://www.mhc.tn.gov.in/judis W.P.(MD) No. 21449 of 2025 respondent, namely, the Joint Director of the Directorate of Town and Country Planning, dated 29.05.2025 bearing reference in Na.Ka.No.4603/2024/Ki.Ma-3 in response to the petitioner's application/representation, dated 18.09.2024, wherein a reference has also been made to the Block Development Officer’s communication, dated 08.05.2025, bearing reference Na.Ka.No.M4/0683/2025. In the said communication, it has been stated as under: “mjid njhlu;e;J ghu;it 6-y; fhZk; tl;lhu tsu;r;rp mYtyu; (fp.C) mtu;fspd; fbjj;jpy; mSe;J}u; Cuhl;rp ru;Nt vz; 139/1-y; mike;Js;s 10.0 Vf;fu; gug;gstpy; mikaTs;s kidg;gpupTf;F ru;Nt vz; 138-y; fl;Lg;gl;l 9.0 kP mfy rhiy mZF rhiyahf mikfpwJ vdTk;> mSj;J}u; Cuhl;rp guhkupg;gpYk;> fl;Lg;ghl;bYk; cs;sJ vdTk; njuptpf;fg;gl;Ls;sJ vd;w tpguk; njuptpj;Jf;nfhs;sg;gLfpwJ.” 5. Thus, there is no question of reconsideration of the petitioner's representation, dated 18.09.2025, as already a decision has been made by the third respondent. However, it is for the petitioner to challenge the same in the manner known to law. 6. Therefore, this Writ Petition is dismissed with a liberty to challenge the aforesaid communication of the third respondent, dated 29.05.2025, bearing reference in Na.Ka.No.4603/2024/Ki.Ma-3. No costs. 4/6 https://www.mhc.tn.gov.in/judis W.P.(MD) No. 21449 of 2025 Index : Yes / No 07.08.2025 Internet : Yes / No apd To 1. The District Collector, Tiruchirappalli District, Cantonment, Tiruchirappalli - 01. 2. The Director, Directorate of Town and Country Planning, 2nd Floor, C and E Market Road, Koyambedu, Chennai. 3. The Joint Director, Directorate of Town and Country lanning, Kajamalai Main Road, Kajamalai, Trichy. 4. The Block Development Officer, Manikandam Panchayath, Trichirappalli District. 5. The Tahsildar, Srirangam Taluk, Tiruchirappalli District. C.SARAVANAN, J. 5/6 https://www.mhc.tn.gov.in/judis W.P.(MD) No. 21449 of 2025 apd W.P.(MD) No. 21449 of 2025 07.08.2025 6/6 https://www.mhc.tn.gov.in/judis