Chellaperumal P Vs The Secretary to Government

4.The Deputy Director, Virudhunagar District Town and Country Planning Office, No.5/678, Nehru Veethi, NGO Colony, Virudhunagar Town and District. ... Respondents

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Prayer : Writ Petition filed under Article 226 of the Constitution of India, for issuance of a Writ of Certiorarified Mandamus, calling for the records pertaining to the impugned order made in Na.Ka.No.1211/2025/F1, dated 06.08.2025, on the file of the third respondent herein and to quash the

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W.P.(MD) No.23364 of 2025

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same as illegal and arbitrary and consequently, to direct the third respondent herein to grant planning permission for the Vinayagar Temple and Mandabam belonging to the petitioner community, situated in TS No. 270, Block No.17 and Ward No.C of Sathur Village and Town.

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For Petitioner : Mr.M.Thirunavukkarasu

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For R1, R2 and R4: Mr.K.R.Badurus Zaman Government Advocate ****

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O R D E R

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The petitioner is aggrieved by the impugned communication issued

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by the third respondent / Commissioner, Sattur Municipality, dated 06.08.2025, bearing reference Na.Ka.No.1211/2025/F1.

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2 . By the said communication, the petitioner's application for regularisation of the construction put up by him has been rejected on the

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ground that he has not submitted an online application, nor he has obtained a No Objection Certificate (NOC) from the District Collector.

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3 . The relevant portion of the impugned communication reads as follows:-

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''ghu;itapy; fz;Ls;s tpz;zg;gj;jpy; rhj;J}u; efuhl;rp nts;sf;fiu rhiy thu;L -17> gpshf; -rp> efusT vz;.270-y; 100 Mz;L fhy goikahd = rf;jp tpehafu; gps;isahu; Nfhtpy; rpjpykile;jjhy; mf;Nfhtpy; Guzikf;fg;gl;ljhfTk;

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mjw;fhd tiugl mDkjp Ntz;b 06.06.2023 md;W ,izajs thapyhf mDg;gpa NghJ fjT ,yf;fk; kw;Wk; jPu;it ,urPJ ,y;yhj fhuzj;jpdhy; mDg;g ,aytpy;iy vdTk;> jw;NghJ fl;bl tiuglj;jpw;F mDkjp Ntz;b tpz;zg;gk; nra;Js;shu;.

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jw;NghJs;s eilKiwapy; ,izajsk; thapyhf kl;LNk fl;bl mDkjp toq;f toptif cs;sJ. jq;fsJ> fl;blk; fl;b Kbf;fg;gl;Ls;sjhy; fl;bl mDkjp toq;f toptif ,y;iy vd;gjhy; jq;fs; mry; tpz;zg;gk; ,j;Jld; ,izj;J mDg;gg;gLfpwJ.''

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4 . This is the third round of litigation before this Court. The

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petitioner had filed an application for regularisation of the construction made to the community hall, pursuant to the directions issued by the fourth respondent, dated 01.11.2023.

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5 . Earlier, one K. Sundarapandian had filed W.P.(MD) No.14814 of

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2022, seeking a direction to the respondents 2 and 3 therein to prevent the illegal demolition of his family temple situated in T.S.No.270, Ward No.C, Block No.17, Sattur, and also to forbear the effecting of any further

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illegal construction in the said land, by considering his representation

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dated 09.06.2022. In the said Writ Petition, this Court, by order dated

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12.07.2022, passed the following order:-

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''2. The grievance of the petitioner is that the fourth respondent had started to demolish the petition mentioned temple. He therefore wants the authorities to act in the matter.

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3. As rightly pointed out by the learned counsel appearing for the petitioner, for demolishing any property, prior permission from the authority is required. Like wise, for developing the property or putting up a construction, planning permission is required. If without complying with the statutory formalities, the fourth respondent commits any act, certainly, the official respondents will proceed against him in the manner known to law. As of now, the petitioner is having a serious dispute only with a private party. Therefore, the petitioner has to necessarily move the jurisdictional civil court for relief. Filing the writ petition in the facts and circumstances of the case does not look appropriate. Granting liberty to the petitioner to move the jurisdictional civil court, the Writ Petition is dismissed. I make it clear that I have not gone into the merits of the matter. If the petitioner files any suit before the jurisdictional civil court, considering the emergent circumstances, I am certain that the jurisdictional civil court will number the suit immediately if the plaint is otherwise in order and also expeditiously dispose of the interim application that may be filed. No costs. Consequently, connected miscellaneous petition is closed.''

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6 . The said K.Soundarapandian also filed another W.P.(MD)No.

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3139 of 2023 against the petitioner. This Court, without going into the merits of the case, by order dated 16.02.2023, disposed of the said Writ

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Petition by directing the second respondent to consider and dispose of the representation referred to therein, on merits and in accordance with law, within a period of eight weeks from the date of receipt of a copy of that order, after issuing notice to the interested parties, including the fourth respondent therein. This Court also granted liberty to the second respondent to pass orders one way or the other.

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7 . Meanwhile, the petitioner filed W.P.(MD)No.11427 of 2023, challenging the notice dated 05.05.2023, before the Division Bench of this Court. The Division Bench, by order dated 10.05.2023, granted an interim stay. Subsequently, the said Writ Petition was dismissed as withdrawn on 26.07.2023.

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8 . Thereafter, the petitioner filed another Writ Petition in W.P.(MD) No.18408 of 2023, once again challenging the same notice dated 05.05.2023. The said Writ Petition was disposed of by the Division Bench of this Court on 31.07.2023. The relevant portion of the said order reads as under:-

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'' 9. In view of the above conjoint submissions of the learned counsel on either side, this writ petition is disposed of with a direction to the petitioner to raise his objections to the official

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respondents in terms of Section 56(3) of the Tamil Nadu Town and Country Planning Act, 1971, within a period of three weeks from the date of receipt of a copy of this order. On receipt of the same, the official respondents shall consider the same and also the objections of the third respondent, if any, and pass orders on merits and in accordance with law, without prejudice to the contentions raised by the third respondent in the civil suit in O.S.No.158 of 2022, on the file of the Principal District Court, Srivilliputtur, on his title, within a period of six weeks thereafter. It is needless to state that the third respondent may also approach the Civil Court for appropriate interim orders. No costs. Consequently, connected miscellaneous petitions are closed.''

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9 . Thereafter, the Additional Secretary (Technical), Housing and

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Urban Development Department, Secretariat, Chennai, vide Letter No. 4903058/UD4(L.Re-2)/2023-4, dated 23.01.2024, issued the following

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order:-

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''12. ....

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(1) The existing Vinayagar Temple at the said premises is 100 years old. The land on which the Temple and Mandapam located is in the name of the revision petitioner’s Trust as per revenue-records.

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(ii) There is a civil dispute. on the title of the property in OS No.158/2022 and the same is pending.

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(iii) The petitioner has renovated the temple and constructed a new Mandapam adjacent to the Temple unauthorisedly without any Planning Permission.

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(iv) The said. Mandapam was also put up by encroaching

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a portion of road as stated by the officials.

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(v) The objector Thiru.K.Sundarapandian claims the title of the property.

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13. Considering all the above facts and submissions made, the Government hereby grant three months time to the revision

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petitioner for obtaining Planning Permission from the competent authority. Since the temple is in existence for more than 100 years as stated by the officials, obtaining NOC from District Collector for religious building will not arise. The revision petitioner is directed to submit the application and obtain the Planning Permission for the building within three months time falling which, LPA/Municipality shall take necessary action as per the provisions in TNT&CP Act 1971. Till such time there shall be a stay on the notice dated 05.05.2023 and all other proceedings of Sattur Municipality issued in respect of petitioner premises. On expiry of the said period of three months time, the Local Planning Authority / Municipality is directed to monitor and shall proceed further action, if the petitioner failed to comply with the orders within the time specified.

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14. The revision petition filed under section 80(A) is disposed accordingly''.

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10 . It is the case of the petitioner that the impugned communication,

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mandating the petitioner to file an online application and to obtain permission from the District Collector, cannot be sustained in view of the order passed by the Additional Secretary (Technical), Housing and Urban Development Department, Secretariat, Chennai, in his proceedings in Letter No.4903058/UD4 (L.Re-2)/2023-4, dated 23.01.2024.

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11 . That apart, it is submitted that, as per Section 135 of the Tamil

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Nadu Urban Local Bodies Act, 1998, as in force from 13.04.2023, even in cases of constructions made without prior permission, appropriate

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applications can be filed for regularisation.

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12 . On the other hand, the learned Government Advocate for respondents 1, 2, and 4 submits that, as per Clause 6 of Annexure–XVII to the Tamil Nadu Combined Development and Building Rules, 2019, the competent authority shall not entertain any building application relating to a religious institution unless such application is accompanied by a No Objection Certificate obtained from the concerned District Collector.

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13 . Having considered the submissions made by the learned counsel for the petitioner and the learned Government Advocate for respondents 1, 2, and 4, I am of the view that the objection raised that the petitioner must obtain a No Objection Certificate from the District Collector in terms of Clause 6 of Annexure–XVII of the Tamil Nadu Combined Development and Building Rules, 2019 cannot be countenanced, in the light of the order passed by the Additional Secretary (Technical), dated 23.01.2024, the contents of which have already been extracted above. Accordingly, the said objection of the respondents stands overruled.

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14 . Furthermore, as per Section 135 of the Tamil Nadu Urban Local Bodies Act, 1998, even in cases where construction has been carried out

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without prior permission, applications may be filed for regularisation of

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the unauthorised construction. In this connection, Section 135 of the

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Tamil Nadu Urban Local Bodies Act, 1998, is extracted below:-

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'' 135. Powers of Commissioner to regularise unauthorised construction.-

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(1) Where the construction, reconstruction or modification of any building is commenced or completed without any permission duly granted by the Commissioner or by any appellate or revisional authority or where such construction, reconstruction or modifications has been made otherwise than in accordance with the provisions of this Act and the rules made thereunder, or in violation of the conditions of any permission, the Commissioner may issue a notice to the owner or occupier or any person who is in-charge of the construction directing him to regulate the construction of such building in accordance with the rules and conditions imposed in the notice within a period of fifteen days from the date of receipt of such notice.

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(2) On the issue of such notice, the owner or the occupier or the person in-charge of the construction shall stop the construction forthwith and apply to the Commissioner for regularisation of the construction in accordance with the rules and conditions specified in the notice issued under sub-section (1) within the time stipulated in the notice.

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(3) Where any such application is so made, the Commissioner may, after scrutiny of such application in the prescribed form received together with any plan, and after satisfying himself that the construction work is in accordance with the rules, he may grant the permission after collecting necessary fee and the penalty prescribed.

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(4) Where the Commissioner, on scrutiny of such application is of the opinion that the construction work which is in progress or the construction which has been completed or the construction work as proposed in the plan is in deviation of the provision of this Act, or the rules framed thereunder, he may issue another notice to the persons concerned to cause necessary modification by way of removing any existing structure or by

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making necessary alterations within the period specified therein : Provided that the Commissioner may, on receipt of an application after inspection of the work, may grant an extension of time not exceeding the period prescribed if he satisfies that the applicant had sufficient cause for not carrying out the orders of the Commissioner within the said period.

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(5) Where the orders of the Commissioner has been complied within the period or the extended period, the Commissioner may, after satisfying himself, collect the necessary fee together with penalty prescribed and grant necessary building permission.

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(6) If in any case where no action has been taken in pursuance of any notice issued by the Commissioner under subsection (4) for removal or alteration or modification to any unauthorised construction within the time limit referred to in the said sub-section, the Commissioner may lock and seal the building or remove or demolish unauthorised construction. The cost of expenditure incurred by the municipality towards such removal or demolition shall be recovered from the person concerned as arrears of land revenue.

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(7) If in any case where no action has been taken in pursuance of any notice issued by the Commissioner under subsection (1) directing the person to regulate the construction, reconstruction or modification of any building in accordance with the rules and within the time limit referred to in the said subsection, the Commissioner may lock and seal the building or remove or demolish unauthorised construction. The cost of expenditure incurred by the municipality towards such removal or demolition shall be recovered from the person concerned as an arrear of tax under section 116-A.''

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15 . However, the requirement of filing an online application cannot

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be dispensed with. Therefore, there shall be a direction to the respondents

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to process the petitioner's building plan approval application, subject to the petitioner submitting an online application, as contemplated in the

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impugned communication.

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16 . Since the petitioner has not filed any application through the online mode so far, the petitioner is directed to file such an application within a period of fifteen (15) days from the date of receipt of a copy of this order. Upon receipt of such online application, the third respondent shall consider and process the same in the light of the observations made hereinabove. Pending such consideration, all coercive steps shall remain in abeyance.

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17 . Accordingly, this Writ Petition stands disposed of. No costs.

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Consequently, connected Miscellaneous Petition is closed.

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NCC : Yes / No 28.08.2025 Index : Yes / No smn2

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To

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