Madras High Court
S.Shunmugasundaram vs N.Nallathambi on 1 April, 2025
Author: G.R.Swaminathan
Bench: G.R.Swaminathan
1 W.A.(MD)NO.1530 OF 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 01.04.2025
CORAM
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN
AND
THE HON'BLE MR.JUSTICE M.JOTHIRAMAN
W.A.(MD)No.1530 of 2021 AND
C.M.P.(MD)No.6292 of 2021
S.Shunmugasundaram,
Proprietor-Annamalai Pavers,
Designer Tiles & Hollow Blocks,
Plot No.347, Main Road, “B”Colony,
AIBEA Nagar,
Paravai – 625 402,
Madurai District. ... Appellant /4th Respondent
Vs.
1. N.Nallathambi
2. V.S.Veerabagu
3. N.Senthilkumar
4. A.Antonydoss
5. G.Swaminathan ... Respondents 1 to 5 /
Petitioners 1 to 5
6. The District Collector,
Madurai District,
Madurai – 625 020.
7. The Assistant Director of Town Panchayats,
Madurai Collectorate,
Madurai – 625 020.
8.The Executive Officer,
Town Panchayat,
Paravai – 625 402,
Madurai District. ... Respondents 6 to 8 /
Respondents 1 to 3
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1/6
2 W.A.(MD)NO.1530 OF 2021
9. M.Balan,
Proprietor-BMG Automobiles,
Plot No.346, Main Road, “B”Colony,
AIBEA Nagar, Paravai – 625 402,
Madurai District.
10.Raja Murugan ... Respondents 9 & 10 /
Respondents 5 & 6
Prayer: Writ Appeal filed under Clause 15 of Letters Patent, to
call for the records relating to the order dated 26.04.2021 in W.P.
(MD)No.23138 of 2019 on the file of this Court and set aside the
same and allow the writ appeal as prayed for.
For Appellant : Mr.A.John Vincent
For R-6 to R-8 : Mr.G.V.Vairam Santhosh,
Additional Government Pleader.
For R-1 to R-5 : Mr.N.Dilip Kumar
For R-10 : Mr.A.Saravanan
***
JUDGMENT
(Order of the Court was delivered by G.R.SWAMINATHAN, J.)
Heard both sides.
2. The appellant herein figured as the fourth respondent in W.P.
(MD)No.23138 of 2019. The writ petition was filed by the residents
of a residential layout. They sought issuance of Writ of Mandamus for
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directing the authorities to take action on their representation and
abate the functioning of the industrial units. The writ petition was
allowed vide order dated 26.04.2021. Challenging the same, this writ
appeal has been filed by the fourth respondent.
3. The appellant herein was running a hollow block industry in
the petition-mentioned plots. The appellant had purchased as many
as six adjacent contiguous plots and put up a building thereon.
4. A mere look at the sale deeds standing in the name of the
appellant would show that the appellant purchased only house plots.
5. Even though on the last occasion we called upon the
appellant's counsel to produce the planning approval, it has not been
produced. It is well settled that a building for which planning
approval has been obtained, can be put to use only for the purpose
for which the approval was granted. Therefore, if the appellant had
obtained planning approval enabling him to put the lands to use for
industrial purpose, then the appellant can very well continue his
earlier activities. If the planning approval obtained is only for
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residential purpose, then obviously, the appellant cannot use it for
any other purpose. We mandate the appellant to adhere to the terms
of the planning approval.
6. With the aforesaid observation and clarification, this writ
appeal is disposed of. We however grant liberty to the appellant to
move the authorities concerned and only with the permission of the
authorities, the appellant can put the building in question for
non-residential use. Before the competent authority grants any such
approval, the authority shall put the first writ petitioner on notice
and a speaking order shall be passed by taking into account his
objections. No costs. Consequently, connected miscellaneous petition
is closed.
(G.R.SWAMINATHAN, J.) & (M.JOTHIRAMAN, J.)
01st April 2025
NCC : Yes / No
Index : Yes / No
Internet : Yes/ No
PMU
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To:
1. The District Collector,
Madurai District,
Madurai – 625 020.
2. The Assistant Director of Town Panchayats,
Madurai Collectorate,
Madurai – 625 020.
3.The Executive Officer,
Town Panchayat,
Paravai – 625 402,
Madurai District.
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G.R.SWAMINATHAN,J.
AND
M.JOTHIRAMAN, J.
PMU
01.04.2025
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