R.Kumaresan Vs the State of Tamilnadu

PRAYER Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus calling for the records relating to the impugned tender notification in Na.Ka.No.070/2025/E1 dated 06.05.2025 issued by respondent No.11 and government order in G.O.MS No.102, Highways and Minor Ports Department, dated 26.6.2025 passed by the 3rd respondent and quash the same and further direction directing the respondents 9 to 12 to identify the alternative lands by publish advertisement and to get Public opinion to the proposal for the construction of a new bus stand and construct the same in accordance with law within a stipulated period.

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For Petitioner : Mr. E.Om Prakash Senior Counsel For Mr. C.Samivel

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WP No.36311 of 2025

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For Respondents: Mr.P.S.Raman, Advocate General Assisted By Mr. S.Senthil Murugan Special Government Pleader For R1 To R10.

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Mr.J.Ravindran, Additional Advocate-General, assisted by Mr.T.K.Saravanan, Additional Government Pleader, For R11.

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Mr.S.Manoj For R12.

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Mr. Vivek K.Tankha, Senior Counsel For Mr.Mohamed Mubeen.R. For R14. R13 - No Appearance.

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Cont.P.No.4314 of 2025

R.Kumaresan

: Petitioner

versus

1.M.M.Prasanth, IAS, District Collector, Kallakurichi District

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2.K.K.Nagarajan, Divisional Engineer, Highways (Construction & Maintenance) Kallakurichi

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3.A.Saravanan, The Commissioner, Kallakurichi Municipality Kallakurichi District

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WP No.36311 of 2025

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4.Amar Ramesh Chheda Managing Director, Arc Construction, No.C-30/20, TNHB, Bagalur Road, HUDCO, Hosur 635 109 : Respondents

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Prayer : Petition filed to punish the respondents for wilful disobedience of the order of this Court in WP No.36311 of 2025 dated 02.12.2025.

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For Petitioner : Mr. E.Om Prakash Senior Counsel For Mr. C.Samivel For Respondents: Mr.J.Ravindran, Additional Advocate-General, assisted by Mr.S.Senthil Murugan, Special Government Pleader, For R1 to 3 Mr. Vivek K.Tankha, Senior Counsel For Mr.Mohamed Mubeen.R. For R-4.

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COMMON ORDER

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

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This public interest litigation has been filed questioning the action of the official respondents in granting permission for developing a bus stand.

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One of the main grounds taken in the petition was that no permission has been accorded for alteration/ reclassification of the land. Though number of grounds were urged, this ground being one of

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WP No.36311 of 2025

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the main grounds, this Court entertained the writ petition and issued notice, granting interim relief on 02.12.2025.

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From the counter-affidavit filed by the respondent authorities, it is now revealed that on 26.06.2025, the District Collector granted no objection certificate in terms of the provisions contained in Section 47A of the Tamil Nadu Town and Country Planning Act, 1971.

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The petition was entertained and interim order was granted on the basis that there was no clearance given by the competent authority. Now on the face of the 'no objection certificate' dated 26.06.2025, issued by the District Collector under Section 47A of Act of 1971, irrespective of the legality and validity of the same, this petition cannot continue anymore, without challenge to the said order. Therefore, in these circumstances, we are not inclined to proceed further with the petition.

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We are rather surprised as to how the petitioner claims to be not knowing about the 'no objection certificate' dated 26.06.2025 though he had access to large number of documents, including gift deed etc., copies of which he collected from various offices. Page 5 of 8

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WP No.36311 of 2025

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Be that as it may, leaving open the issue of legality and

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validity of the no objection certificate issued by the District Collector, dated 26.06.2025, this petition stands dismissed. There will be no order as to costs. Consequently, WMP Nos.40627, 40629, 40626, 54524 of 2025 are closed.

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Contempt petition stands closed and Rule is discharged.

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The original records submitted by the learned State counsel

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are returned back.

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(MANINDRA MOHAN SHRIVASTAVA, CJ.) (G.ARUL MURUGAN, J.) 02.02.2026

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Index : Yes/No Neutral Citation : Yes/No tar

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To

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1.The Chief Secretary to the Government, Secretariat, Fort St.George, Chennai-9

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2.The Secretary To Government Municipal Administration & Water Supply Department, Secretariat, Fort St George, Chennai 9

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WP No.36311 of 2025

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3.The Secretary To Government Highways and Minor Ports Department, Secretariat, Fort St.George, Chennai-9.

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4.The Secretary To Government Housing and Urban Development Department, Secretariat, Fort St.George, Chennai-9

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5.The Secretary Tog Overnement Hindu Religious and Charitable Endowment Department, Secretariat, Fort St.George, Chennai-9

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6.The Director Directorate of Mines and Minerals, Guindy, Chennai-32

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7.The Director Commissionarate of Municipal Administration, No.75, Urban administration Building, St.Thomas High Road, MRC Nagar, Raja Annamalaipuram, Chennai-28

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