Disposed¶34

Elangovan S v. The Assistant Director of Town and Country Planning

Madras HC22 Aug 2025WP(MD)/22866/2025

Case brief

AI extract

What is this about?

Madras High Court, Madurai Bench; C. Saravanan, J.; W.P.(MD) No. 22866 of 2025; decided 22.08.2025. Keywords: writ of mandamus; Article 226; planning permission; layout approval; Town and Country Planning; Madurai Corporation; survey Nos. 148/10A and 148/10C; Anupanadi Village, Madurai; representation dated 06.10.2024; hearing before disposal; six-week time limit; ownership dispute remitted to Civil Court; no costs; W.M.P.(MD) Nos. 17935 & 17937 of 2025.

What did the court decide?

First respondent directed to consider the petitioner's representation dated 06.10.2024 and dispose of it on merits and in accordance with law after hearing the petitioners and the fifth respondent within six weeks; W.M.P.(MD) No.17935 of 2025 allowed; connected miscellaneous petition closed; no costs. ¶34

Elangovan S Vs The Assistant Director of Town and… — Writ and Judicial Review | Madras HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether a writ of mandamus should issue restraining the first respondent from granting planning permission in respect of survey Nos. 148/10A and 148/10C, Anupanadi Village, Madurai, without conducting a proper enquiry into the petitioner's objections.

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Court's answer

The Court disposed of the writ petition by directing the first respondent to consider the petitioner's representation dated 06.10.2024 and dispose of it on merits and in accordance with law, after hearing the petitioners as also the fifth respondent, within six weeks from the date of receipt of a copy of the order.

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Key takeaways

In case there is any dispute regarding ownership, the petitioner may work out the remedy before the Civil Court.obiter¶30

Detailed headnote1 paragraphs

Writ of mandamus under Article 226 sought to restrain the Assistant Director of Town and Country Planning, Madurai, from granting planning permission for survey Nos. 148/10A and 148/10C, Anupanadi Village, Madurai, without a proper enquiry into the petitioners' objections; the second petitioner claimed ownership of 2 cents in survey No.148/10C while the fifth respondent had applied for layout approval of 52 cents in those survey numbers, and the petitioners had represented against it by communication dated 06.10.2024. The Madurai Bench of the Madras High Court (C. Saravanan, J.) disposed of the petition at admission stage, with consent and notice dispensed with as against the fifth respondent, directing the first respondent to consider the representation dated 06.10.2024 on merits and in accordance with law after hearing the petitioners and the fifth respondent within six weeks of receipt of a copy of the order, observing that any ownership dispute may be worked out before the Civil Court. W.M.P.(MD) No.17935 of 2025 was allowed and the connected miscellaneous petition closed. No costs.

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W.P.(MD) No. 22866 of 2025

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED: 22.08.2025

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CORAM:

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THE HONOURABLE MR.JUSTICE C.SARAVANAN

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W.P.(MD) No. 22866 of 2025 and W.M.P.(MD) Nos.17935 & 17937 of 2025

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1.S. Elangovan

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2.Ponnuthai @ E.Selvi. ... Petitioners

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The Assistant Director of Town and Country Planning, Haq Road Chokikulam, Madurai.

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Madurai Corporation, Through its Commissioner, Anna Malaigai, Madurai.

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The Revenue Divisional Officer, Madurai District.

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The Tahsildar, Madurai South Taluk, Madurai District.

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1/5

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

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W.P.(MD) No. 22866 of 2025

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Ramakrishnan. ... Respondents

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PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus to forbear the first respondent from giving planning permission in respect of the land in survey Nos. 148/10A, 148/10c situated in Anupanadi Village, Madurai, without conducting proper enquiry with the petitioner on his objections.

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For petitioners : Mr. R. Suriya Narayanan For respondents : Mr. C.Satheesh Government Advocate for R1, R3 & R4 Mr.K.K.Kannan for R2 *****

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ORDER

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This Writ Petition is taken up for hearing at the time of admission with the consent of the learned counsel for the petitioners, the learned Government Advocate for the respondents 1, 3 and 4 and the learned counsel for the second respondent and after dispensing with the notice on the fifth respondent, as no adverse orders are proposed to be passed against the fifth respondent.

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It is the case of the petitioners that the second petitioner is the owner of

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the land measuring an extent of 2 cents in survey No.148/10C, situated at

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2/5

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

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W.P.(MD) No. 22866 of 2025

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Anupanadi Village, Madurai.

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It is submitted that the fifth respondent has filed an application for layout approval in respect of 52 cents comprised in survey Nos.148/10A, 148/10C. Therefore, the petitioner apprehends that the petitioner's two cents land in survey No.148/10C will also be taken up for consideration for layout approval of the fifth respondent. To this effect, the petitioner has given a representation dated 06.10.2024 to the first respondent.

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Having considered submissions made by the learned counsel for the petitioners, the learned Government Advocate for the respondents 1, 3 and 4 and the learned counsel for the second respondent, the Court is inclined to dispose of this Writ Petition by directing the first respondent to consider the petitioner's aforesaid representation dated 06.10.2024 and dispose it of on merits and in accordance with law, after hearing the petitioners as also the fifth respondent within a period of six (6) weeks from the date of receipt of a copy of this order.

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In case there is any dispute regarding the ownership, the petitioner may be directed to work out the remedy before the Civil Court.

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3/5

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

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W.P.(MD) No. 22866 of 2025

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This Writ Petition is disposed of, with the above observations. No costs. W.M.P.(MD) No.17935 of 2025 is allowed. Consequently, connected miscellaneous petition is closed.

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Index : Yes / No 22.08.2025 Internet : Yes / No apd To 1. The Assistant Director of Town and Country Planning, Haq Road Chokikulam, Madurai. 2. Madurai Corporation, Through its Commissioner, Anna Malaigai, Madurai. 3. The Revenue Divisional Officer, Madurai District. 4. The Tahsildar, Madurai South Taluk, Madurai District.

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

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W.P.(MD) No. 22866 of 2025

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C.SARAVANAN, J.

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apd

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W.P.(MD) No. 22866 of 2025