The High Court of Madras dismissed a Writ Petition filed under Article 226 seeking quashing of a 1979 planning department order and deletion of house sites from a layout approval, citing laches due to the 24-year delay and the unsuitability to adjudicate disputed ownership facts via Article 226.
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: 07.04.2022
CORAM
THE HONOURABLE DR. JUSTICE ANITA SUMANTH
W.P.No.16217 of 2013 and M.P.No.1 of 2013
1.A.Ayyanarappan
2.A.Ravichandran
3.VR.Govindarasan
4.P.Vadivel ... Petitioners Vs
now functioning at Deputy Director of Town and Country Planning, Salem Region, No.6, Sannathi Street, Subramania Nagar, Subramangalam, Salem -5.
4.C.S.Arumugam
5.C.S.Selvaraj
[R4 & R5 – Impleaded as per order dated 21.06.2013 in M.P.No.2 of 2013 in W.P.No.16217 of 2013] ... Respondents
Prayer:
Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, calling for the entire records relating to the impugned order passed by the 2nd respondent in his proceedings Pa.Mu. No.6140/79 Ko.Ni.Ma.4, dated 24.07.1979 and quash the same in so far relates to the petitioners house sites and consequently direct the 2nd respondent to delete the petitioners house sites from the layout approval L.P.R.(CN) No.221/1979 dated 24.07.1979.
For Petitioners : Mr.C.Prakasam For R1 & R2 : Mr.C.Jayaprakash Government Advocate For R3 : No Appearance For R4 & R5 : Mr.V.Lakshminarayanan
O R D E R
The petitioners have sought a quash of proceedings of R-2, i.e. Deputy Director of the Town and Country Planning, bearing No.Pa.Mu.No.6140/79.KO.Ni.Ma.4 dated 24.07.1979, and a consequential direction for deletion of house sites from layout approval, as they claim that the property belongs to them. They also claims to have obtained planning permit in this connection.
Sd/-
Assistant Registrar(CS IV)
//True Copy//
Sub Assistant Registrar
jeni/sd
To
now functioning at Deputy Director of Town and Country Planning, Salem Region, No.6, Sannathi Street, Subramania Nagar, Subramangalam, Salem -5.
+1cc to Mr.V.Raghavachari, Advocate, S.R.No.24194
+1cc to Mr.C.Prakasam, Advocate, S.R.No.24461 +1cc to the Government Pleader, S.R.No.24572
W.P.No.16217 of 2013
MT(CO) CT 28/04/2022
2 issues framed by the court
Whether the High Court can quash a planning department order dated 1979 and delete house sites from a layout after a lapse of twenty-four years due to laches.
Whether the disputed fact of ownership of house sites included in a layout can be determined under Article 226 of the Constitution of India.
A.Ayyanarappan, A.Ravichandran, VR.Govindarasan, P.Vadivel
Director of Town and Country Planning
Deputy Director of Town and Country Planning
Commissioner, Erode Corporation
C.S.Arumugam, C.S.Selvaraj
Dr. Justice Anita Sumanth
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
