Disposed¶50

P.Suresh Kumar v. the Managing Director

Madras HC11 Aug 2025WP/19598/2024

Case brief

AI extract

What is this about?

Planning permission; building approval; No Objection Certificate (NOC); Tamil Nadu Housing Board; Greater Chennai Corporation; Committee; representation dated 20.06.2023; direction to decide within six months; Ramapuram Village; S.F.No.92/6; Plot No. 13; Settlement Deed Doc.No.224/2010; Writ of Mandamus; Article 226; parity with WP No. 5285 of 2024 (order dated 24.03.2025); disposed of with no costs.

What did the court decide?

Committee directed to consider the petitioners' representation dated 20.06.2023 and pass appropriate orders on merits and in accordance with law within six months from receipt of a copy of the order; writ petition disposed of with no costs. ¶50

P.Suresh Kumar Vs the Managing Director — Writ and Judicial Review | Madras HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the respondents are to be directed to consider the petitioners' representation dated 20.06.2023 and grant planning permission for the subject property (Plot No. 13, S.No.92/S.F.No.92/6, Balaji Avenue, Ramapuram Village).

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Court's answer

Following the order passed in WP No. 5285 of 2024, dated 24.03.2025, this Court directs the Committee to consider the petitioner's representation dated 20.06.2023 and pass appropriate orders on merits and in accordance with law.

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Ratio / Principle

The orders on the representation dated 20.06.2023 are to be passed within a period of six months from the date of receipt of a copy of this order.

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Detailed headnote1 paragraphs

Writ Petition (Art. 226) under WP No. 19598 of 2024, decided by the High Court of Judicature at Madras (Mrs Justice N. Mala) on 11-08-2025. Two co-petitioners, owners since 08.02.2010 (Settlement Deed Doc.No.224/2010) of Plot No. 13, S.No.92 (sub-divided as S.F.No.92/6), Balaji Avenue, Ramapuram Village, sought a Writ of Mandamus directing the Tamil Nadu Housing Board and the Greater Chennai Corporation to consider their representation dated 20.06.2023 and grant planning permission. Their building-approval application of 29.09.2020 (fee paid) had been forwarded by the Corporation to the Housing Board for a No Objection Certificate that was never issued; a demand advice dated 12.10.2020 followed; and the petitioners' father had already obtained planning permission for Plot No.1 in the same survey number without such NOC. Following its earlier order in WP No. 5285 of 2024 dated 24.03.2025, the Court directed the Committee to consider the representation dated 20.06.2023 on merits, in accordance with law, within six months from receipt of a copy of the order, and disposed of the writ petition with no costs.

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WP No. 19598 of 2024

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 11-08-2025

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CORAM

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THE HONOURABLE MRS JUSTICE N.MALA

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WP No. 19598 of 2024

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P.Suresh Kumar S/o Mr. R. Palanichamy No 5/1, Balaji Avenue, Thiruvalluvar Salai, Ramapuram Chennai 600 089.

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2.P.Saravanan Kumar S/o Mr. R. Palanichamy No 5/1, Balaji Avenue, Thiruvalluvar Salai, Ramapuram Chennai 600 089. Petitioner(s)

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The Managing Director, Tamil Nadu Housing Board, No 493, Anna Salai, Nandanam, Chennai 600 035.

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2.The Executive Engineer Works Department Greater Chennai Corporation, Ribon Building Chennai 600 003.

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Respondent(s)

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

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WP No. 19598 of 2024

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PRAYER: Writ Petition filed under Article 226 of the Constitution of India to issue Writ of Mandamus, directing the respondents herein to consider the representation letter dated 20.06.2023 and consequently directing the respondents to grant planning permission for property situated in plot no. 13, S.No.92, Balaji Avenue, Ramapuram Village, Maduravoyal Taluk, Saidapet Joint -II, Sub Registrar Office within the stipulated time.

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For Petitioner(s): Mr.R.Venkatesh For Respondent(s): Mr.A.M.Ravidranath Jeyapaul Standing Counsel for R1 Mrs.S.Vanitha Joice Rani For R2

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ORDER

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The present Writ Petition is filed for issuance of a Writ of Mandamus to

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direct the respondents herein to consider the representation letter dated 20.06.2023 and consequently directing the respondents to grant planning permission for the property situated in Plot No. 13, S.No.92, Balaji Avenue, Ramapuram Village, Maduravoyal Taluk, Saidapet Joint-II, Sub Registrar Office within the stipulated time.

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The case of the petitioner is that the petitioners have obtained the aforesaid property on 08.02.2010, by virtue of Settlement Deed registered as

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Doc.No.224/2010. Subsequent to the execution of the said Deed, the petitioners

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

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WP No. 19598 of 2024

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are in lawful possession and enjoyment of the same. The said Survey number

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was further sub-divided as S.F.No.92/6, herein after referred to as the subject property. When the petitioner intend to construct a house in the aforesaid property, the petitioners have applied for planning approval before the Corporation of Chennai on 29.09.2020 for building approval and paid the necessary fee also. The second respondent has forwarded the application to the

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1st respondent for want of “No Objection Certificate” from the first respondent, but till date the first respondent has not issued the NOC. Further, a demand advice dated 12.10.2020 was issued to the petitioners calling upon them to pay fees. It is also stated that the petitioners' father applied planning approval for

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Plot No.1 in the same survey number and in the same village and the 2nd respondent has already granted planning permission without insisting N.O.C from the first respondent. Since 2020 onwards the petitioners are approaching the respondents continuously, however, no planning permission has been granted by the respondents. Aggrieved by the same, the petitioner made a representation to the second respondent on 20.06.2023, seeking for grant of

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planning approval. Despite the receipt of the representation, no action has been

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

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WP No. 19598 of 2024

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taken by the respondents. Hence, the petitioner had filed the present Writ

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Petition.

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The learned counsel for the petitioner would submit that, in similar

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issue this Court in WP No. 5285 of 2024, dated 24.03.2025 passed an order by

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directing the Committee to consider the application submitted by the petitioner

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therein on merits, in accordance with law, and pass appropriate orders within a

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period of six months from the date of receipt of a copy of this order.

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Accordingly, he prayed for passing similar order in the present Writ Petition

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also. The relevant portion of the order in W.P.No.5285 of 2024 is extracted

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herein under:

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“8. Now since the Committee has been constituted to resolve the grievances raised by the subsequent purchasers, this Court feels it appropriate to direct the Committee to consider the application dated 19.02.2021 submitted by the petitioner.

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9. Accordingly, the Committee is directed to consider the application dated 19.02.2021 submitted by the petitioner o n merits, in accordance with law, and pass appropriate orders within a period of six months from the date of receipt of a copy of this order.

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10. With the above direction, the Writ Petition is disposed of. No costs.”

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

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WP No. 19598 of 2024

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4. Following the order passed in WP No. 5285 of 2024, dated 24.03.2025,

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this Court directs the Committee to consider the petitioner's representation dated

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20.06.2023, and pass appropriate orders on merits and in accordance with law,