Research › Search › Judgment

Madras High Court · body

2025 DAILYLAW 21112 (MAD)

D.PREMAVATHI v. THE DISTRICT COLLECTOR

WP/4622/2025 · 2025-02-12

J Sathya Narayana Prasad

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

W.P.No.4622 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 12.02.2025 CORAM : THE HONOURABLE MR. JUSTICE J.SATHYA NARAYANA PRASAD Writ Petition No.4622 of 2025 and W.M.P.No.5123 of 2025 D.Premavathi ... Petitioner Vs. 1.The District Collector, Thiruvallur District, Tiruvallur – 602 001. 2.The Commissioner, Thiruvallur Municipality Office, JN Road, Tiruvallur District – 602 001. … Respondents PRAYER: Writ Petition filed under Article 226 of Constitution of India, praying for issuance of Writ of Mandamus to direct the second respondent to stop the construction in OSR area based on the petitioner representation dated 22.01.2025. For Petitioner : Mr.L.Ramu For Respondents : Mr.N.Naveen Kumar, Government Advocate Page No.1 of 7 https://www.mhc.tn.gov.in/judis W.P.No.4622 of 2025 O R D E R The petitioner has filed this petition to direct the second respondent to stop the construction in OSR area based on the petitioner representation dated 22.01.2025. 2. Since no adverse order has been passed, this writ petition is taken up for final hearing. 3. The case of the petitioner is that she is the owner of Plot No.45 and 49 as per DTCP approved Plot No: 45 and 49 within in the Survey No: 692/1 and 664 Periyakuppam. The south of the said properties are reserved for Open Space Reservation land in the DTCP and the said OSR was never to be allotted for any construction or ration shop or any other building there on without any notice of change of classification in the DTCP approved plot. Due to construction of a ration shop on the OSR land, the petitioner made a representation dated 22.01.2025 before the second respondent and requested to direct the authority to stop any construction work in the OSR area. Page No.2 of 7 https://www.mhc.tn.gov.in/judis W.P.No.4622 of 2025 However, the same was not considered. Hence, the petitioner has come forward with the present writ petition. 4. Though very many grounds have been raised in this writ petition, learned counsel for the petitioner submitted that, it would suffice if this Court issues direction to the first respondent to consider the petitioner's representation dated 22.01.2025 and pass appropriate orders on merits and in accordance with law, within a particular time frame stipulated by this Court. 5. Learned Government Advocate appearing for the respondents has submitted a written instruction dated 12.02.2025 from the second respondent wherein it is stated that the aforesaid land is not reserved for Open Space Reservation (OSR) and already there was an Anganwadi Centre and Mother & Child Welfare Centre were constructed in the year 2011 and 2013 respectively. 6. Heard the learned counsel on either side and perused the materials placed on record. Page No.3 of 7 https://www.mhc.tn.gov.in/judis W.P.No.4622 of 2025 7. At this juncture, it is pertinent to extract the written instruction of the second respondent dated 12.02.2025 and the same reads as follows: “,e;efuhl;rp vy;iyf;Fl;gl;l thh;L vz;/2y; nejh$p rhiyapy; mike;Js;s efuhl;rpf;F brhe;jkhd ,lj;jpy; fiy"h; efh;g[w nkk;ghl;L jpl;lk; 2024?25 fPH; tzpf tshfk; mikf; efuhl;rp eph;thf ,af;Fdh; brd;id mth;fspd; 11/06/2024 fojj;jpd;go U:/85/00 ,yl;rk; kjPg;gpl;oy; nkw;bfhs;s eph;thf mDkjp tH';fg;gl;L bjhlh;e;J ,g;gzpf;F 25/07/2024 md;W xg;ge;jg;g[s;sp nfhug;gl;L 30/08/2024 md;W gzp cj;jput[ tH';fg;gl;L gzp eilg;bgw;W tUfpd;wJ/ nkw;go ,lj;jpw;fhd tUtha; Mtz';fshd rpl;lh kw;Wk; ml';fy; go efuhl;rp kd;wk; vd jhf;fyhfp md;W Kjy; efuhl;rp fl;Lg;ghl;oy; cs;sJ/ nkYk; ,t;tplj;jpy; 2011?k; Mz;oy; m';fd;tho ikak; fl;lg;gl;Lk; kw;Wk; 2013?k; Mz;L jpUts;S:h; bjhFjp rl;l kd;w cWg;gpdh; mth;fspd; bjhFjp nkk;ghl;L jpl;lj;jpd; fH; jha; nra; ey ika fl;olk; fl;lg;gl;L cs;sJ. ,t;tplk; g{';fh vd tUtha; Mtz';fspd; go tifg;gLj;jg;gltpy;iy vd;w tptuk; bjhptpj;Jf;bfhs;sg;gLfpwJ/ ” 8. Recording the aforesaid written instruction dated 12.02.2025, this writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is also closed. Page No.4 of 7 https://www.mhc.tn.gov.in/judis W.P.No.4622 of 2025 12.02.2025 vm Index : Yes/No Speaking Order : Yes/No Neutral Citation : Yes/No To: 1.The District Collector, Thiruvallur District, Tiruvallur – 602 001. 2.The Commissioner, Thiruvallur Municipality Office, JN Road, Tiruvallur District – 602 001. Page No.5 of 7 https://www.mhc.tn.gov.in/judis W.P.No.4622 of 2025 J.SATHYA NARAYANA PRASAD,J. vm W.P.No.4622 of 2025 Page No.6 of 7 https://www.mhc.tn.gov.in/judis W.P.No.4622 of 2025 12.02.2025 Page No.7 of 7 https://www.mhc.tn.gov.in/judis