S.Shunmugasundaram, Vs N.Nallathambi

Prayer: Writ Appeal filed under Clause 15 of Letters Patent, to call for the records relating to the order dated 26.04.2021 in W.P. (MD)No.23138 of 2019 on the file of this Court and set aside the same and allow the writ appeal as prayed for.

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For Appellant : Mr.A.John Vincent For R-6 to R-8 : Mr.G.V.Vairam Santhosh, Additional Government Pleader. For R-1 to R-5 : Mr.N.Dilip Kumar For R-10 : Mr.A.Saravanan

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J U D G M E N T

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(Order of the Court was delivered by G.R.SWAMINATHAN, J.)

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Heard both sides.

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2. The appellant herein figured as the fourth respondent in W.P.

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(MD)No.23138 of 2019. The writ petition was filed by the residents

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of a residential layout. They sought issuance of Writ of Mandamus for

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directing the authorities to take action on their representation and abate the functioning of the industrial units. The writ petition was allowed vide order dated 26.04.2021. Challenging the same, this writ appeal has been filed by the fourth respondent.

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3. The appellant herein was running a hollow block industry in the petition-mentioned plots. The appellant had purchased as many as six adjacent contiguous plots and put up a building thereon.

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4. A mere look at the sale deeds standing in the name of the appellant would show that the appellant purchased only house plots.

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5. Even though on the last occasion we called upon the appellant's counsel to produce the planning approval, it has not been produced. It is well settled that a building for which planning approval has been obtained, can be put to use only for the purpose for which the approval was granted. Therefore, if the appellant had obtained planning approval enabling him to put the lands to use for industrial purpose, then the appellant can very well continue his earlier activities. If the planning approval obtained is only for https://www.mhc.tn.gov.in/judis 3/6

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residential purpose, then obviously, the appellant cannot use it for any other purpose. We mandate the appellant to adhere to the terms

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of the planning approval.

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6. With the aforesaid observation and clarification, this writ appeal is disposed of. We however grant liberty to the appellant to move the authorities concerned and only with the permission of the authorities, the appellant can put the building in question for non-residential use. Before the competent authority grants any such approval, the authority shall put the first writ petitioner on notice and a speaking order shall be passed by taking into account his objections. No costs. Consequently, connected miscellaneous petition is closed.

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(G.R.SWAMINATHAN, J.) & (M.JOTHIRAMAN, J.) 01^st April 2025

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NCC : Yes / No Index : Yes / No Internet : Yes/ No PMU

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