Madras High Court
P.Jaganathasamy vs S.N.Palanisamy on 8 July, 2025
Author: Anita Sumanth
Bench: Anita Sumanth
2025:MHC:1618
W.A.No.1466 of 2025
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 08.07.2025
CORAM :
THE HONOURABLE DR.JUSTICE ANITA SUMANTH
and
THE HONOURABLE MR.JUSTICE N.SENTHILKUMAR
W.A.No.1466 of 2025
and
C.M.P.No.11187 of 2025
P.Jaganathasamy .. Appellant
vs.
1.S.N.Palanisamy
2.The District Collector,
Collectorate, Tiruppur District.
3.The Commissioner of Geology and Mining,
Alandur Road, Guindy Industrial Estate,
Guindy, Chennai - 600032.
4.The Commissioner/
Director of Town and Country Planning,
Directorate of Town and Country Planning,
2nd, 3rd & 4th Floor, C & E Market Road,
Koyambedu, Chennai 600 107.
5.The Sub Registrar,
Kaniyur Madathukulam Taluk,
Tiruppur District. .. Respondents
1/6
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W.A.No.1466 of 2025
Prayer : Appeal filed under Clause 15 of Letters Patent to set aside the
order dated 21.03.2025 made in W.P.No.9786 of 2025 and allow the
above writ appeal.
For Appellant : Mr.P.Manojkumar
For Respondents : No appearance (for R1)
Mr.S.Senthil Murugan (for R2 to R5)
Special Government Pleader
JUDGMENT
(Delivered by Dr. ANITA SUMANTH.,J)
Read this order in continuation of and in conjunction with order
dated 02.06.2025, which reads as follows:
Mr.S.Senthil Murugan, learned Special
Government Pleader, accepts notice for R2 to R5.
2. Notice to R1 through Court as well as
privately, returnable 03.07.2025. Let proof of
service be placed on file.
3. The present writ appeal has been filed
by the private respondent in writ petition, who is
aggrieved only by the direction of the Sub
Registrar, Kaniyur, Tiruppur District to verify the
position as to whether the layout at Survey Nos.
598/1 and 598/2 is approved or otherwise.
According to him, the above said layout is an
approved layout and this is clear from order dated
09.12.2019 which is passed by the Directorate of
Town and Country Planning.
4. In such circumstances, let the writ
petitioner as well as the appellant appear before
R4 on Wednesday i.e., 18.06.2025. The aforesaid
date of hearing shall be intimated to the first
respondent by R4 forthwith in order to ensure their
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appearance on the said date. On that date, the
objections of R1 dated 31.01.2025 shall be looked
into and an order shall be passed after looking into
the necessary documents.
5. List under the caption 'for production
of orders' on 03.07.2025.
2.Pursuant thereto, an enquiry has been conducted and a
compliance report has been filed by the Director of Town and Country
Planning/R4 on 03.07.2025, relevant portion of which is extracted below.
3. It is submitted that in compliance of the
order, the 4th Respondent duly intimated both the
writ petitioner as well as Appellant to appear on
18.06.2025 before the 4th respondent to look into
the objection raised by the 1st respondent in Writ
Appeal viz. S.N. Palanisamy.
4. It is submitted that on 18.06.2025 the Writ
Petitioner Mr. P. Jagannathsamy was appeared
and duly submitted his objection with regard to the
layout at Survey Nos.598/1 and 598/2.
5. It is further submitted that by once again
the 4th respondent vide letter in Na.Ka. No.
12950/2025/TCP-3, dated 18.06.2025 directed the
first respondent in Writ Appeal S.N. Palanisamy to
appear on 30.06.2025 to discuss the objection filed
by him dated 31.01.2025 with relevant records
with regard to Survey Nos.598/1 and 598/2.
6. It is pertinent to submit that the 4th
respondent duly looked into the objections raised
by both the writ petition as well as the Appellant
and also a report filed by the Assistant Director of
Town and Country Planning, Coimbatore. The
report revealed that while the original layout file
No.9189/1981 is no longer traceable due to file
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weeding protocols, a tracing copy and layout
register entries referring to the layout do exist.
Further, the online encumbrance certificate (1981
to 2025) for the relevant Survey Nos. 598/1 and
598/2 reveals that out of 158 plots and one shop,
150 plots and the shop have been sold, and 15
plots have also been purchased by Mr. S.N.
Palanisamy himself between during the year 2022
and 2023 as referred in Sale Deed in Document
Nos.1581/2023 as Pandian Nagar approved layout
LP(CN) 446/81.
7. It is further submitted that based on the
available records, including technical approvals,
layout records and Encumbrance certificate
entries, it may be inferred that the site in question
pertains to a layout that was approved.
8. In the circumstances stated above, it is
therefore humbly prayed that this Hon'ble Court
may be pleased to record the same and pass
further or other orders as this Hon'ble court may
deem fit and proper in the circumstances of the
case and thus render justice,
3.A copy of the report has also been supplied to the appellant.
Faced with the same, the appellant has no response. Recording the
aforesaid facts and circumstances, this writ appeal is closed. No costs.
Connected miscellaneous petition is closed.
[A.S.M., J] [N.S., J]
sli 08.07.2025
Index:Yes/No
Speaking order/Non-speaking order
Neutral Citation:Yes/No
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To
1.The District Collector,
Collectorate, Tiruppur District.
2.The Commissioner of Geology and Mining,
Alandur Road, Guindy Industrial Estate,
Guindy, Chennai - 600032.
3.The Commissioner/
Director of Town and Country Planning,
Directorate of Town and Country Planning,
2nd, 3rd & 4th Floor, C & E Market Road,
Koyambedu, Chennai 600 107.
4.The Sub Registrar,
Kaniyur Madathukulam Taluk,
Tiruppur District.
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DR. ANITA SUMANTH, J.
and
N.SENTHILKUMAR, J.
sli
and
08.07.2025
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