Madras High Court
M.Joseph Rathinasamy vs The State Of Tamil Nadu on 16 February, 2021
W.P.No.19436 of 2020
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 16.02.2021
CORAM:
THE HONOURABLE MR. JUSTICE B. PUGALENDHI
W.P.No.19436 of 2020
Germanus Springs,
(A Unit of MJR Hospitality and Service Apartments)
rep.by its Partners,
1. M.Joseph Rathinasamy
2. J. Maria Antonio
19/138-4, Chellapuram,
Kodaikanal,
Dindigul District. ... Petitioner
..Vs..
1. The State of Tamil Nadu
rep.by its Principal Secretary to Government
Housing and Urban Development Department,
Secretariat,
Chennai 600 009.
2. The Principal Secretary to Government,
Municipal Administration and Water Supply Department
Secretariat,
Chennai – 600 009.
1/10
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W.P.No.19436 of 2020
3. The Director of Town and Country Planning
No.807, Anna Salai,
Chennai 600 002.
4. The District Collector,
Dindigul,
Dindigul District.
5. The Deputy Director of Town and Country Planning
No.4, HAK Street, Chinna Chokkikulam,
Madurai – 625 002
Madurai District.
6. The Deputy Director of Town and Country Planning
Dindigul,
Dindigul District.
7. The Member Secretary/Commissioner,
Kodaikanal Municipality,
Kodaikanal,
Dindigul District. ... Respondents
This Writ Petition is filed under Article 226 of the Constitution of
India praying to issue a Writ of Mandamus directing the first respondent
to consider the Review petition of the petitioners dated 19.03.2019 and
consequential representation of the petitioners dated 17.02.2020 and pass
suitable order on the same as per the Rule 13 of Master Plan
(Preparation, Publication and Sanction) Rules with regard to Kodaikanal
2/10
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W.P.No.19436 of 2020
Master Plan Map 2021 and issue errata to the Kodaikanal proposed
Master Plan 2021 by including the petitioners' survey Nos.T.S.31 & 35 in
the multi use zone.
For Petitioner : Mr.G.Elanchezhiyan
For Respondents : Mr.D.Venkatesan
Govt.Advocate for R1 to R6
Mr.T.S.Mohamed Mohideen
Standing Counsel for R7
ORDER
This writ petition is filed for a mandamus directing the first
respondent to consider the review petition of the petitioner dated
19.03.2019 and consequential representation dated 17.02.2020 and for
passing necessary order as per the Rule 13 of Master Plan (Preparation,
Publication and Sanction) Rules with regard to Kodaikanal Master Plan
Map 2021 and for issuing necessary errata in this regard.
2. The petitioner is a company represented by its partners viz.,
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W.P.No.19436 of 2020
M.Joseph Rathinasamy and J.Maria Antonio. The case of the petitioners
is that they had constructed a building in Ward No.A, Block No.4, Town
Survey No.31 of the Kodaikanal Municipality and running the same as a
Hotel and Restaurant in the name and style of Germanus Springs. The
Commissioner Kodaikanal Municipality has also granted building
permission for the said building. However, the zone in which the building
is constructed is classified as a primary residential zone as per the Master
Plan 1993 and in the year 2016 a draft modified master plan was
published by the seventh respondent, in which this petitioners land was
classified as primary residential zone instead of multi use zone without
verifying the ground of reality and development in the area. The
petitioners and others have made a request to the first respondent for
conversion of land and the respondent Municipality has also passed a
Resolution No.66 dated 05.01.2018 and submitted the Resolution for
land conversion to the Deputy Director of Town and Country Planning
(i/c), Madurai. The Deputy Director of Town and Country Planning has
also forwarded the same to the Government and the same is still pending
under consideration of the first respondent along with the said
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W.P.No.19436 of 2020
Resolution. The Kodaikanal Municipality has also enclosed a list of
Panchayatars who have consented for Master plan and the petitioners
property in Ward A, Block 4 T.S.No.31 is also included by specifying the
land use with a proposal for conversion that this T.S.No.31 may be
changed from primary residential zone to multi use zone.
3. Mr.T.S.Mohammed Mohideen, learned Standing Counsel for the
seventh respondent Kodaikanal Municipality opposed the maintainability
of the writ petition itself by referring the order passed by the Madurai
Bench of Madras High Court in WP(MD).No.914 of 2018. The
Kodaikanal Municipality has taken action as against the buildings
constructed deviating the approved plan and the petitioners and similar
other 94 persons have filed a batch of writ petitions before the Madurai
Bench of Madras High Court challenging the order of the Kodaikanal
Municipality and the same were taken up together in W.P.(MD).No.914
of 2018 and this Court directed the municipality to lock and seal all the
premises. Accordingly all the premises are under the lock and seal
including the petitioners premises. According to Mr.Mohamed Mohideen,
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W.P.No.19436 of 2020
learned Standing Counsel, the said writ petition is still pending before the
Madurai Bench of Madras High Court and the Court is issuing
continuous mandamus on this issue and therefore the petitioners ought to
have filed this writ petition only before the Madurai Bench of Madras
High Court and therefore he has objected for entertaining this writ
petition.
4. Mr.G.Elanchezhiyan, learned counsel for the petitioner, by relying
on the Resolution passed by the Kodaikanal Municipality, made his
submission that the issue involved in this writ petition is for necessary
orders on the application filed by the petitioners on land conversion
which has also been accepted by the Municipality and a Resolution has
also been passed by the Municipality recommending for conversion of the
land. This Resolution has been specifically forwarded to the Deputy
Director of Town and Country Planning and to the Government and it is
under consideration by the Government and therefore the land conversion
is within the domain of the Government and the Secretary is within the
jurisdiction of this Court and therefore this writ petition is rightly filed
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W.P.No.19436 of 2020
before this Court.
5. The learned counsel for the petitioner also relied upon several
judgments of the Hon'ble Supreme Court that when a part of the cause of
action arises from the jurisdiction of this Court, this Court can entertain
the writ petition.
6. This Court paid its anxious consideration to the rival submissions
made and perused the materials produced before this Court.
7. The relief sought for in this writ petition is for a direction to the
first respondent to consider the review petition of the petitioners dated
19.03.2019 and consequential representation dated 17.02.2020.
8. The review petition appears to be pending from the year 2019.
Without expressing anything on the merits of the review petition pending
before this Court, this Court disposes of the writ petition with a direction
to the first respondent to dispose of the review petition pending on the file
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W.P.No.19436 of 2020
of the first respondent within a period of eight weeks from the date of
receipt of a copy of this order. While considering the same, the first
respondent shall also consider the order passed by the Madurai Bench of
Madras High Court in W.P.No.914 of 2018 and batch. No costs.
16.02.2021
Internet : Yes
Index : Yes/No
Speaking/Non speaking order
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W.P.No.19436 of 2020
To
1. The Principal Secretary to Government
Housing and Urban Development Department,
Secretariat,
Chennai 600 009.
2. The Principal Secretary to Government,
Municipal Administration and Water Supply Department
Secretariat,
Chennai – 600 009.
3. The Director of Town and Country Planning
No.807, Anna Salai,
Chennai 600 002.
4. The District Collector,
Dindigul,
Dindigul District.
5. The Deputy Director of Town and Country Planning
No.4, HAK Street, Chinna Chokkikulam,
Madurai – 625 002
Madurai District.
6. The Deputy Director of Town and Country Planning
Dindigul,
Dindigul District.
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W.P.No.19436 of 2020
B. PUGALENDHI, J.
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7. The Member Secretary/Commissioner,
Kodaikanal Municipality,
Kodaikanal,
Dindigul District.
W.P.No.19436 of 2020
16.02.2021
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