The Madras High Court disposed of a writ petition filed to prevent land registration and classify it as waste land. The court held the petition premature as no application for construction was filed, pending future regulatory action.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 01.12.2021
CORAM :
THE HON'BLE MR.MUNISHWAR NATH BHANDARI, ACTING CHIEF JUSTICE
AND
THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU
W.P.No.25428 of 2021
G.R.Adalarasan ..Petitioner
Vs.
No.69, Karumathampalayam Uthukuli Main Road, Tirupur. ..Respondents
Prayer: Petition filed under Article 226 of the Constitution of India praying for a writ of Mandamus directing the respondents 1 to 7 herein to classify the lands as waste lands and take appropriate action to stop the eighth and ninth respondents from registering the lands in their custody for real estate business and seeking necessary action on the basis of the representation dated 20.09.2021 within the time to be stipulated by this Court.
For the Petitioner : Mr.S.Shankar
For the Respondents : Mr.P.Muthukumar State Government Pleader for respondents 1 to 7
ORDER
(Order of the Court was made by the Hon'ble Acting Chief Justice)
The writ petition has been filed apprehending use of the land by the ninth respondent for the purpose other than for which it was classified. The apprehension of the petitioner is based on the transaction between the eighth and ninth respondents regarding the sale of the land.
any other person to take appropriate steps if the action of the official respondents is found to be in contravention of the provisions of law.
Sd/-
Assistant Registrar(CS-VI)
//True Copy//
Sub Assistant Registrar
kpl To:
+1cc to the Government Pleader, S.R.No.63531
W.P.No.25428 of 2021
GPL(CO)
RGA(10/12/2021)
2 issues framed by the court
Whether a writ petition filed on apprehension of future misuse of land is maintainable at this stage.
Whether the petition is premature in the absence of an application for construction approval.
1 provisions across 1 enactments
G.R. Adalarasan
The Directorate of Town and Country Planning
The Tamil Nadu Real Estate Regulatory Authority
The District Collector
The Inspector General of Registration
The Tahsildar
Munishwar Nath Bhandari
P.D. Audikesavalu
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
