Madras High Court
Chandrasekar vs The District Collector on 14 July, 2025
Author: G.R.Swaminathan
Bench: G.R.Swaminathan
W.A.(MD)No.1803 of 2025
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 14.07.2025
CORAM
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN
and
THE HONOURABLE MR.JUSTICE K.RAJASEKAR
W.A.(MD)No.1803 of 2025
and
C.M.P.(MD)No.10210 of 2025
Chandrasekar ... Appellant
Vs.
1.The District Collector,
Tenkasi District,
Tenkasi.
2.The Block Development Officer cum Commissioner,
Sankarankoil Panchayat Union,
Sankarankoil,
Tenkasi District.
3.The Special Officer,
Kalappakulam Village Panchayat,
Sankarankoil Taluk,
Tenkasi District. ... Respondents
Prayer : Writ Appeal filed under Clause XV of Letters Patent, to allow
the writ appeal by setting aside the order passed in W.P.(MD)No.16029
of 2025 dated 12.06.2025 on the file of this Court.
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W.A.(MD)No.1803 of 2025
For Appellant : Mr.Lakshmi Gopinathan,
For Mr.M.Prabhu
For Respondents : Mr.Veerakathiravan,
Addl. Advocate General,
Assisted by Mr.N.Ramesh Arumugam,
Government Advocate.
JUDGMENT
(By G.R.SWAMINATHAN, J.)
Heard both sides.
2.The appellant herein is the owner of the petition mentioned site
measuring about 1.43 acres. The appellant obtained approval for putting
up construction to the extent of 2000 sq. ft. The building was also
subsequently assessed to property tax. Without getting license from the
competent authority, the appellant was running a market in the petition
mentioned land. Therefore, the impugned action came to be taken. The
place was also locked and sealed. Therefore, the appellant filed
W.P.(MD)No.16029 of 2025. The writ petition was disposed of on
12.06.2025 by permitting the appellant to obtain license and thereafter
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run the market. Aggrieved by the said order, this writ appeal came to be
filed.
3.When the matter was taken up for hearing on 03.07.2025, after
hearing the learned Additional Advocate General and the learned counsel
for the appellant, the following order was passed:-
“Heard the learned counsel for the appellant and the
learned Additional Advocate General for the respondents.
2.The writ petitioner's premises housing a sort of market
has been sealed by the respondents 2 and 3. The third respondent
is directed to de-seal the premises only to enable the appellant
herein to remove and dismantle the unauthorized constructions
and developments. The appellant must ensure that the remaining
construction is in consonance with the approved building plan.
3.Call this case on 10.07.2025 for passing further orders
in this writ appeal.”
4.The learned counsel for the appellant states that the appellant had
dismantled the excess construction and the original position has been
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restored. The appellant gives an undertaking that he will not run any
market in the petition mentioned site without getting license from the
competent authority. The said undertaking is placed on record.
5.The appellant is of course at liberty to maintain the property.
The appellant is permitted to enjoy the land in question subject to the
legal parameters and norms. If the appellant wants to run any market in
the petition mentioned site, license has to be obtained from the local
body. The appellant had given an application on 23.06.2025. The
second respondent is directed to consider the same and dispose it of on
merits and in accordance with law within a period eights weeks from the
date of receipt of a copy of this order. We make it clear that we have not
gone into the merits of the matter.
6.The appellant is permitted to submit a fresh application before
the Director of Town and Country Planning for further construction. The
said authority is directed to dispose of the same on merits and in
accordance with law within a period of three months thereafter. Since
the appellant has given liberty to submit a fresh application, the earlier
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refusal letter dated 27.03.2025 will not come in the way. The Director of
Town and Country Planning shall issue notice to the objector / Executive
Officer of Arulmighu Sankaranarayanar Swamy Thirukovil,
Sankarankovil and pass an order on merits and in accordance with law.
7.This writ appeal is disposed of accordingly. No costs.
Consequently, connected miscellaneous petition is closed.
(G.R.S. J.,) & (K.R.S. J.,)
14.07.2025
NCC : Yes/No
Index : Yes / No
Internet : Yes/ No
ias
Note:
The Registry to mark a copy of this
order to the Director, Town and Country
Planning Department, Kalappakulam, Tenkasi
District.
To:
1.The District Collector,
Tenkasi District,
Tenkasi.
2.The Block Development Officer cum Commissioner,
Sankarankoil Panchayat Union,
Sankarankoil,
Tenkasi District.
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3.The Special Officer,
Kalappakulam Village Panchayat,
Sankarankoil Taluk,
Tenkasi District.
Copy To:
The Director,
Town and Country Planning Department,
Kalappakulam,
Tenkasi District.
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https://www.mhc.tn.gov.in/judis ( Uploaded on: 18/07/2025 12:48:25 pm )
G.R.SWAMINATHAN, J.
and
K.RAJASEKAR, J.
ias
14.07.2025
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