Partly allowed

Sanjodge Arokiyaraj v. the President

Madras HC8 Aug 2023WP/23397/2023

Case brief

AI extract

What is this about?

The High Court of Madras, by a speaking order in a writ petition, quashed a notice issued by the Panchayat without a show-cause notice or opportunity of being heard. The court set aside the notice and remanded the matter to revenue authorities to pass orders on merits.

What did the court decide?

The impugned notice dated 31.07.2023 is set aside and the matter is remanded to the revenue authorities to pass appropriate orders after affording due opportunity.

Sanjodge Arokiyaraj Vs the President — Constitutional and Fundamental Rights | Madras HC (2023)

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W.P.No. 23397 of 2023

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 08.08.2023

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CORAM

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THE HON'BLE MRS. JUSTICE J.NISHA BANU AND THE HON'BLE MRS. JUSTICE N.MALA

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W.P.No. 23397 of 2023 and W.M.P.No. 22929 of 2023

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Sanjodge Arokiyaraj ... Petitioner

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Vs.

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1.The President Onnalvadi Panchayat Hosur Union Krishnagiri District.

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2.The Tahsildar Hosur Union Krishnagiri District

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3.Dollars Colony Residential Welfare Association Dollars Colony, Rayakottai Road, Karapalli Village, Onnalvadi Post Hosur - 635 109 ... Respondents

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Prayer: Petition filed under Article 226 of the Constitution of India to issue a

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Writ of Certiorari, to call for the records of the notice dated 31.07.2023

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issued by the first respondent and quash the same.

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For Petitioner : Mr.K.S.Viswanathan

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https://www.mhc.tn.gov.in/judis

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Page 1/6

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W.P.No. 23397 of 2023

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Senior Counsel for Mr.G.M.Ananthakumar

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For Respondents : Mr.Vadivelu

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Deenadayalan for R1 and R2 Additional Government Pleader

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ORDER

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With the consent of both parties, the Writ Petition is taken up for final disposal at the admission stage itself.

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The prayer sought for in this writ petition is to call for the records of the notice dated 31.07.2023 issued by the first respondent-President, Onnalvadi Panchayat, Hosur Union, Krishnagiri District, and to quash the same.

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It is averred in the writ petition that the petitioner is the original owner of lands measuring to an extent of 9.25 acres at Onnalvadi Panchayat, Hosur Taluk, Krsihnagiri District. He approached the planning authority for appropriate planning permission to develop a Gated Community consisting of residential plots.

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(ii). After due scrutiny, the HNTDA granted approval for the layout

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https://www.mhc.tn.gov.in/judis

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Page 2/6

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W.P.No. 23397 of 2023

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vide proceedings dated 11.12.2017 in approved layout No.7/17 under Section

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49 of Town and Country Planning Act, 1971. The plan for development of the plots was also approved as Approval No.22/17 and technical approval was granted for the same. The petitioner had also executed a gift deed dated 03.11.2017 and registered the same in favour of Block Development Officer, Hosur for the purpose of handing over the necessary allotments for the road within the layout and for formation of roads and parks in compliance of the conditions for grant of approval. He had also paid the necessary charges.

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(iii). Pursuant to which, based on the planning permission granted for the proposed layout, the Special Officer Onnalvadi Panchayat/ Block Development Officer, Hosur granted approval for the layout vide proceedings dated 20.01.2018. Based on the approval, the petitioner promoted the layout and named it as "Dollars Colony" and in order to protect the land from wild animals and to avoid anti social activities, he had erected a compound wall around the layout, purely for the safety and security of the residents.

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(iv). As per the layout plan, he has provided an entrance way at the Western side of the layout for ingress and egress of the residents in the layout as there is no exit on the northern side of the layout as per the approved plan. He also owns some other patta lands in the northern side of the layout and in

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https://www.mhc.tn.gov.in/judis

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Page 3/6

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W.P.No. 23397 of 2023

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respect of these patta lands, he has not applied for any approval of layout or individual residential plots to any planning authority. The petitioner continues to be in possession of these lands and maintaining the same on his own and has provided entrance to his private property on the northern side by forming a private road which is not meant for any public use.

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(v). While being so, certain villagers had approached the revenue authorities, complaining about not permitting them to use the northern side of the layout through his private property. Therefore, the petitioner sent a representation to the revenue authorities enclosing the details of the lands covered by the Dollars Colony approved layout as well as individual separate patta lands as there is no pathway through his private lands, but he has not received any response from the revenue authorities. All of a sudden, he received a notice from the Onnalvadi Panchayat stating that no compound wall can be erected without obtaining permission from the panchayat by obstructing the road and the panchayat has not granted any approval for the Dollars Colony layout. Under such circumstances, the petitioner was directed to remove the compound wall obstructing the road within 7 days. Aggrieved by the same, the present writ petition.

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https://www.mhc.tn.gov.in/judis

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Page 4/6

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W.P.No. 23397 of 2023

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4.Heard the learned counsel for the petitioner and the learned counsel

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appearing for the respondents and perused the materials available on record.

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On perusal of the impugned notice, it is seen that, without issuing

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any show cause notice calling upon the petitioner to submit his response to the alleged complaint made by the public and without affording due opportunity to the petitioner, the notice has been straight away issued, based on a unilateral decision by the first respondent. Therefore, the impugned notice dated 31.07.2023 is set aside and the matter is remanded back to the revenue authorities to pass appropriate orders on merits after affording due opportunity to the petitioner.

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With the above direction, this writ petition is disposed of.

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No costs. Consequently connected miscellaneous petition is closed.

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(J.N.B,J.) (N.M., J.)

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msv Index : Yes / No 08.08.2023 Internet : Yes/No Speaking order: Non-speaking order

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J. NISHA BANU, J. and N.MALA,J.

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https://www.mhc.tn.gov.in/judis

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Page 5/6

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W.P.No. 23397 of 2023

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msv

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1.The President Onnalvadi Panchayat Hosur Union Krishnagiri District.

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2.The Tahsildar Hosur Union Krishnagiri District

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W.P.No. 23397 of 2023 and W.M.P.No. 22929 of 2023

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08.08.2023

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https://www.mhc.tn.gov.in/judis

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Sanjodge Arokiyaraj v. the President

Case brief

What is this about?

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Sanjodge Arokiyaraj v. the President

Case brief

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