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2025 DAILYLAW 68080 (MAD)

S.SRIHANS v. THE JOINT DIRECTOR,

WP/22777/2025 · 2025-09-26

V Lakshminarayanan

Transfer Petitionbody2025

Judgment text

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Writ Petition No.22777 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 26.09.2025 CORAM THE HONOURABLE MR. JUSTICE V.LAKSHMINARAYANAN Writ Petition No.22777 of 2025 S.Srihans ...Petitioner Vs. 1.The Joint Director, Town and Country Planning Authority, (Planning Permission) 'F' Block, 4th Floor, District Collectorate, Ranipet – 632 401. 2.The Commissioner, Walajapet Municipality, Walajapet Taluk, Walajapet – 632 513. ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, directing the 2nd respondent herein to grant concurrence to the petitioner's residential layout which is already approved by the 1st respondent vide ROC No.RPT/RSRTH6FB/42514/2025/TCP dated 11.03.2025 in respect of the petitioner's land situate in the planning area (Walajapet Master Plan) – District Town and Country Planning Office, Ranipet District, Walajapet 1/6 https://www.mhc.tn.gov.in/judis Writ Petition No.22777 of 2025 Taluk/Municipality Ward-2, Block 5, bearing Town Survey No.224/10B and 224/11 measuring site extend 7366.0 Sq.m or 1.82 Acres and consequentially remove the part of wall unlawfully put up across the Thar road measuring 8.0 m width situate in ward no.2, Block No.36 comprised in TS.No.2582 Walaja Town, Ranipet District in the light of the resolution passed by the Municipal Council, Walajapet Municipality dated 27.02.2025. For Petitioner : Mr.M.Venkadeshan For Respondents : Mrs.C.Meera Arumugam Additional Government Pleader (For R1) Dr.T.Seenivasan Special Government Pleader (For R2) ORDER The petitioner is the owner of the property situated in TS.No.224/10B and 224/11 to an extent of 1.82 Acres in Walajapet Municipality, Ranipet District. 2. The grievance of the petitioner is that despite the fact that the petitioner has all the relevant papers and DTCP approval, the 2nd respondent has not cleared the layout. He has further pointed out that a wall has been constructed over the main road, connecting the petitioner's 2/6 https://www.mhc.tn.gov.in/judis Writ Petition No.22777 of 2025 layout connected with the National Highways. 3. When the matter came up for hearing, I found that it is shocking that the 2nd respondent should permit a wall to be erected over a road, which has been set apart for public use. Therefore, I called upon the 2nd respondent to state as to how he is permitting the offending construction to remain. 4. Dr.T.Seenivasan, learned Special Government Pleader for the 2nd respondent was also requested to get instructions as regards the approval that the petitioner seeks for. Insofar as the layout approval is concerned, Dr.Seenivasan has produced instructions from the second respondent to the following effect: @vdnt nkw;go kidg;gpuptpw;F mog;gil trjpfs; bra;jy;. epyg;gad; khw;Wf;fl;lzk;. Tuha;t[ fl;lzk;. tsu;r;rp fl;lzk;. rhiy fl;lzk;. nkw;ghu;it fl;lzk; kw;Wk; itg;g[j; bjhif brYj;jpa gpwF thyh$hngl;il efukd;w xg;g[jy; bgw;W ,Wjp xg;g[jy; tH';fpl eltof;if nkw;bfhs;sg;gLk; vd;W bjuptpj;Jf;bfhs;sg;gLfpwJ/@ 5. Mr.M.Venkadeshan, learned counsel for the petitioner, states that 3/6 https://www.mhc.tn.gov.in/judis Writ Petition No.22777 of 2025 the amount that is demanded by the Commissioner will be deposited. Both the statement of the petitioner as well as the second respondent is recorded. The second respondent shall process the papers only after the payment is made by the writ petitioner. Undue delay must not occurred in processing of papers once the amount is paid. 6. With respect to the construction of wall across the street, Dr.Seenivasan states that the offending wall has been removed and has produced a photograph to substantiate the same. The same is scanned and reproduced hereunder: 4/6 https://www.mhc.tn.gov.in/judis Writ Petition No.22777 of 2025 7. With all the obstacles being removed from the path of the petitioner to get approval, recording the statement of the second respondent, the writ petition stands disposed of. No costs. However, there shall be no order as to costs. 26.09.2025 kak To 1.The Joint Director, Town and Country Planning Authority, (Planning Permission) 'F' Block, 4th Floor, District Collectorate, Ranipet – 632 401. 2.The Commissioner, Walajapet Municipality, Walajapet Taluk, Walajapet – 632 513. 5/6 https://www.mhc.tn.gov.in/judis Writ Petition No.22777 of 2025 V. LAKSHMINARAYANAN, J kak W.P. No.22777 of 2025 26.09.2025 6/6 https://www.mhc.tn.gov.in/judis