Disposed¶34

R.Mohala v. Principal Secretary to Government

Madras HC9 Jan 2026WP/33935/2025

Case brief

AI extract

What is this about?

Madras High Court; Article 226 mandamus; building plan approval; Panruti Municipality; deviated/illegal construction demolished after dismissal of SLP; fresh application dated 24.07.2025 (No.435506-2025-UG); respondent Nos.3 and 4 to consider and decide in accordance with law; writ petition disposed of, no costs; connected W.M.P.Nos.38075 and 39357 of 2025 closed; W.P.No.33935 of 2025; Manindra Mohan Shrivastava, CJ; G.Arul Murugan, J.

What did the court decide?

Writ petition disposed of with the observation that, once the entire deviated construction is removed, respondent Nos.3 and 4 shall consider and take a decision on the petitioner's fresh application for building plan approval in accordance with law; no order as to costs; connected miscellaneous petitions (W.M.P.Nos.38075 and 39357 of 2025) closed. ¶34

R.Mohala Vs Principal Secretary to Government — Writ and Judicial Review | Madras HC (2026)

What the court decided

AI extract

Outcome

¶34

Issue for consideration

Whether respondent Nos.3 and 4 are to consider and take a decision on the petitioner's fresh application for building plan approval made after removal of the entire deviated construction. +1 more

¶33

Court's answer

If any such application, after removal of all the deviated construction, is made, respondent Nos.3 and 4 shall consider and take a decision on the same in accordance with law.

¶33

Ratio / Principle

Once the entire deviated construction is removed, it is always open for the petitioner to apply afresh for new construction.

¶33

Detailed headnote1 paragraphs

High Court of Judicature at Madras (order made by the Hon'ble Chief Justice, Manindra Mohan Shrivastava; G.Arul Murugan, J., on the bench) disposed of a writ petition under Article 226 of the Constitution of India filed by R.Mohala seeking a writ of mandamus directing the 2nd respondent (Director, Town and Country Planning Department) to grant building plan approval on her application dated 24.07.2025 (application No.435506-2025-UG) for the building proposed at Old S.No.98/27, Ward-A, Block No.50, Door Nos.84, 85, 86, 86A, measuring 5040 sq.ft., in Panruti Municipality. The petitioner had lost the earlier litigation over illegal/deviated construction in all Courts up to the Supreme Court (SLP dismissed), demolished the deviated portion, and applied afresh. Held: once the entire deviated construction is removed, it is always open to the petitioner to apply afresh for new construction; respondent Nos.3 and 4 (Assistant Director, Town and Country Planning Department, Cuddalore; Commissioner, Panruti Municipality) shall consider and take a decision on any such application in accordance with law. No order as to costs; connected W.M.P.Nos.38075 and 39357 of 2025 closed.

¶1

W.P.No.33935 of 2025

¶2

IN THE HIGH COURT OF JUDICATURE AT MADRAS

¶3

DATED: 09.01.2026

¶4

CORAM :

¶5

THE HONOURABLE MR. MANINDRA MOHAN SHRIVASTAVA,

¶6

CHIEF JUSTICE AND

¶7

THE HONOURABLE MR.JUSTICE G.ARUL MURUGAN

¶8

W.P.No.33935 of 2025 and W.M.P.Nos.38075 and 39357 of 2025

¶9

R.Mohala W/o.Basker Jayasingh, Door No.84, 85, Kumbakonam Road, Panruti, Cuddalore District.

¶10

Petitioner

¶11

¶12

1.The Principal Secretary To Government State of Tamil Nadu, Housing and Urban Development Department, Secretariat, Fort St. George, Chennai-600 009

¶13

2.The Director

¶14

Town and Country Planning Department, II, III and IV Floor, CMDA Building, E and C Market Road, Koyambedu, Chennai-600 107.

¶15

3.The Assistant Director

¶16

Town and Country Planning Department, 34, Tamizhmuthu Nagar, Gondur, Cuddalore.

¶17

Page 1 of 5

¶18

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

¶19

W.P.No.33935 of 2025

¶20

4.The Commissioner Panruti Municipality, Panruti.

¶21

Respondents

¶22

PRAYER: Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of mandamus directing the 2^nd respondent to grant a building plan approval in favour of the petitioner pursuant to the petitioner’s application dated 24.07.2025 bearing application number 435506-2025-UG for the building projected to be developed in the property comprised in Old S.No.98/27, situated in Ward-A, Block No.50, Door Nos.84, 85, 86, 86A measuring an extent of 5040 sq.ft., situated in Panruti Municipality.

¶23

For Petitioner: Mr.K.R.Arun Shabari

¶24

For Respondents: Mr.K.Karthik Jagannath Government Advocate for respondent Nos.1 to 3

¶25

Mr.P.Srinivas Standing Counsel for respondent No.4

¶26

ORDER

¶27

(Order of the Court was made by the Hon'ble Chief Justice)

¶28

Heard learned counsel for the parties.

¶29

_______________ Page 2 of 5_

¶30

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

¶31

W.P.No.33935 of 2025

¶32

The submission of learned counsel for the petitioner is that after she lost the matter in all Courts, even up to the Apex Court, the deviated portion was demolished and now she has applied afresh for new construction.

¶33

It is apparently clear that the illegal/deviated construction, despite challenge, was not interfered with and SLP was also dismissed. Once the entire deviated construction is removed, it is always open for the petitioner to apply afresh for new construction. If any such application, after removal of all the deviated construction, is made, respondent Nos.3 and 4 shall consider and take a decision on the same in accordance with law.

¶34

With the above observation, the writ petition is disposed of. There shall be no order as to costs. Consequently, connected miscellaneous petitions are closed.

¶35

(MANINDRA MOHAN SHRIVASTAVA, CJ) (G.ARUL MURUGAN,J) 09.01.2026 Index : Yes/No Neutral Citation : Yes/No bbr

¶36

_______________ Page 3 of 5_

¶37

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

¶38

W.P.No.33935 of 2025

¶39

To:

¶40