This judgment dismisses writ petitions challenging a building plan approval for a compound wall. The Court held that since civil suits regarding title are pending, the High Court cannot interfere under Article 226 until the title is decided by a competent court.
Petitioners granted liberty to work out remedies in competent Civil Court.
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.
W.P(MD)Nos.13629,13630,14580 and 14581 of 2012
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 20.07.2022
CORAM
THE HON'BLE MR.JUSTICE R.VIJAYAKUMAR
W.P(MD)Nos.13629, 13630, 14580 and 14581 of 2012 and M.P(MD)Nos.1,1,2,2,3 and 3 of 2012
W.P(MD)No.13629 of 2012:
1.Lakshmanan Asari
10.V.Chandra Sekaran
11.Ramian Thevar ... Petitioners
Vs.
1/8
W.P(MD)Nos.13629,13630,14580 and 14581 of 2012
1.The Executive Officer, Town Panchayat, Naranammalpuram, Tirunelveli District.
2.U.Samivelar
... Respondents
PRAYER : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorari, to call for the records pertaining to the impugned order passed by the first respondent in his proceedings Ka.Aa.No.57/2012-13 dated 28-08-2012 and quash the same as illegal.
W.P(MD)No.13630 of 2012:
10.V.Chandra Sekaran
2/8
W.P(MD)Nos.13629,13630,14580 and 14581 of 2012
... Petitioners
Vs.
5.Murugan
... Respondents
PRAYER : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorari, to call for the records pertaining to the impugned order passed by the first respondent in his proceedings Ka.Aa.No.58/2012-13 dated 28-08-2012 and quash the same as illegal.
W.P(MD)No.14580 of 2012:
Pasupathi ... Petitioner
Vs.
2.Sornammal
3/8
W.P(MD)Nos.13629,13630,14580 and 14581 of 2012
3.Pitchiah
5.Murugan
... Respondents
PRAYER : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorari, to call for the records pertaining to the impugned order passed by the first respondent in his proceedings Ka.Aa.No.58/2012-13 dated 28-08-2012 and quash the same as illegal.
W.P(MD)No.14581 of 2012:
Pasupathi ... Petitioners
Vs.
2.U.Samivelar
... Respondents
PRAYER : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorari, to call for the records pertaining to the impugned order passed by the first respondent in his proceedings Ka.Aa.No.57/2012-13 dated 28-08-2012 and quash the same as illegal.
4/8
W.P(MD)Nos.13629,13630,14580 and 14581 of 2012
For Petitioners : Mr.T.Selvan (In all cases) For R1 : Mr.N.Muthuvijayan Special Government Pleader (In all cases) For Private Respondents : No Appearance (In all cases)
ORDER
These writ petitions have been filed challenging the order of the first respondent herein under which the building plan approval was granted to the private respondents for constructing a new compound wall.
W.P(MD)Nos.13629,13630,14580 and 14581 of 2012
respondent herein for putting up the compound wall to secure their property. Hence, it is clear that there is a title dispute between the petitioner and the private respondents in the writ petitions.
6/8
W.P(MD)Nos.13629,13630,14580 and 14581 of 2012
disposed of. No costs. Consequently, connected miscellaneous petitions
are closed.
20.07.2022
Index : Yes / No Internet : Yes / No jbr
To
The Executive Officer, Town Panchayat, Naranammalpuram, Tirunelveli District.
7/8
W.P(MD)Nos.13629,13630,14580 and 14581 of 2012
R.VIJAYAKUMAR ,J.
jbr
Order made in W.P(MD)Nos.13629,13630,14580 and 14581 of 2012
Dated: 20.07.2022
3 issues framed by the court
Whether the High Court can decide the validity of a building plan approval pending when civil court suits are pending between the parties regarding title.
Whether the Court can exercise jurisdiction under Article 226 to decide the legality of the building plan approval when title dispute is pending in Civil Court.
Whether the impugned building plan approval granted to private respondents ought to be quashed in the writ petition.
Lakshmanan Asari and Others
The Executive Officer, Town Panchayat, Naranammalpuram
R.VIYAJAKUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
