Madras High Court
V.Mathioli vs K.Amudhavalli @ K.Amudha on 26 June, 2025
Author: J. Nisha Banu
Bench: J. Nisha Banu
WA No. 1168 of 2025
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 26-06-2025
CORAM
THE HONOURABLE MRS JUSTICE J. NISHA BANU
AND
THE HONOURABLE MR.JUSTICE M.JOTHIRAMAN
W.A. No. 1168 of 2025
and C.M.P.No.8994 of 2025
1. V.Mathioli
W/o. Vaithilingam D/o. Sundaram
Pillai, No. 59-B, 100 Feet Road,
Muthaliyar Pet, Puducherry 605 004
2. S.Kaveri
W/o. Durairaj D/o. Sundaram Pillai,
No. 4/37, East Venugopalapuram,
Manjakuppam, Cuddalore 1
3. R.Balakrishnan
S/o. Ramadayalu, NO. 35, 4th Street,
V.K.S.V. Naidu Nagar, Valavanur,
Villupuram 605 108
Appellant(s)
Vs
1. K.Amudhavalli @ K.Amudha
W/o. Kumaran C/o. V.Gayathiri, No.
79-A, Sriram Nagar, Gandhi Nagar
Post, Neyveli 607308
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WA No. 1168 of 2025
2.K.Sivasankaran
S/o. Kumaran, No. 5B, Surendara
Nagar, 6th Street Extension,
Adampakkam, Chennai 088
3.V.Gayathiri
W/o. Vijayakumar, D/o. Kumaran, No.
79-A, Sriram Nagar, Gandhi Nagar
Post, Neyveli 607308
4.The Assistant Director
Local Town Planning Authority,
Tamizhmuthu Nagar, Kondur,
Cuddalore-607 006.
5.The President
Varakalpattu Panchayat, Varakalpattu
Village, Cuddalore Tlauk, Cuddalore.
6.The Block Development Officer,
Cuddalore Panchayat Union, Cuddalore
Taluk, Cuddalore
7.The Sub - Registrar,
Nellikuppam, Cuddalore.
Respondent(s)
PRAYER
The Writ Appeal is filed under Clause 15 of the Letters Patent to set aside the
order passed in W.P.No, 14979 of 2024 dated 28.08.2024 by this Court.
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WA No. 1168 of 2025
For Appellant(s): Mrs. C.S.Monica
For Respondent(s): M/s. R. Sreedhar for R1 to R3
Mr.M.Venkateswaran
Special Government Pleader for R4
JUDGMENT
(Judgment of the Court was delivered by M.JOTHIRAMAN, J.)
This intra-Court Appeal is filed against the order passed in W.P.No.14979
of 2024, dated 28.08.2024.
2. The appellants are the third parties to the writ proceedings in
W.P.No.14979 of 2024.
3. Originally, the writ petitioners, viz., K.Amudhavalli @ K.Amudha,
Sivasandaran and Gayathri have filed the Writ Petition challenging the
proceedings dated 01.03.2023 in Na.Ka.No.231/2023/Ka.Maa issued by the
Assistant Director, Local Town Planning Authority, Cuddalore, thereby
cancelled the layout approval for the land comprised in Survey Nos.39/2B1,
62/2 and 62/6 admeasuring 7.97 acres of Varakalpattu Village, Cuddalore
District.
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4. The Writ Court, vide order dated 28.08.2024, had held as follows:-
6. According to the petitioners, the first petitioner's
husband had title over the property by way of partition deed
dated 18.07.2003 registered vide document No.1236 of 2003.
The first petitioner's husband was also issued patta in respect
of the subject property. Therefore, if at all they have any share
over the property, the counter parties can very well agitate the
same before the first respondent, subject to the result of the
partition suit.
7. In view of the above, the impugned order passed by
the first respondent dated 01.03.2023 cannot be sustained and
it is liable to be quashed. Accordingly, it is hereby quashed.
The counter parties are at liberty to challenge the approval,
subject to the result of the partition suit.”
5. A perusal of the order impugned in the Writ Petition reveals that on the
basis of the legal notice received from one Advocate Rammohan, the layout
approval was immediately cancelled without any notice to the writ petitioners
therein and without giving them an opportunity of hearing. It is also observed
that the legal notice dated 31.01.2023 reveals that his client filed a suit for
partition in respect of the subject property in O.S.No.394 of 2021 and also filed
an application in I.A.No.774 of 2021 for injunction against the writ petitioners
therein, which are pending on the file of the Principal District Judge, Cuddalore.
The Writ Court quashed the order impugned in the Writ Petition dated
01.03.2023 and also given liberty to the counter parties to challenge the
approval, subject to the result of the partition suit.
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6. It is seen from the typed set of papers that the appellant/third parties
namely, Mathioli, Kaveri and Balakrishnan have filed the suit in O.S.No.394 of
2021 against K.Amudhavalli @ K.Amudha, Sivasandaran, Gayathri (Writ
Petitioners in W.P.No.14979 of 2024), Santha, Aandavar, Suburaya, Arumugam,
the District Collector, Cuddalore and the Sub-Registrar, Nellikuppam, seeking
the relief of partition and separate possession of the plaintiff's 3/4th share and
also seeking to declare various other sale deeds as null and void .
7. The learned counsel appearing for the appellants would submit that
pending Writ Appeal, the Assistant Director, Local Town Planning Authority,
Cuddalore, has issued layout approval to the property, which is the subject
matter of the writ petition. The learned counsel appearing for respondent Nos.1
to 3/ writ petitioners has not disputed the same.
8. The learned counsel for respondent Nos.1 to 3/ writ petitioners filed the
layout approval granted by the Assistant Director, Local Town Planning
Authority, Cuddalore, and also filed the sketch of the layout approval vide
Approval No.LP/DTCP(CUDD) No.149/2024, dated 05.11.2024 as the typed
set of papers in the Writ Appeal.
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9. The learned counsel appearing on either side unanimously submitted
that since the layout approval has been granted by the Assistant Director, Local
Town Planning Authority, Cuddalore, nothing survives for further adjudication
in this Writ Appeal and hence, the same may be dismissed as infructuous.
10. Recording the above-submissions, this Writ Appeal is dismissed as
infructuous. There shall be no order as to costs. Consequently, connected
miscellaneous petition is closed.
(J.NISHA BANU J.) (M.JOTHIRAMAN J.)
26-06-2025
ASI
To
1.K.Amudhavalli @ K.Amudha
W/o. Kumaran C/o. V.Gayathiri,
No. 79-A, Sriram Nagar, Gandhi Nagar
Post, Neyveli 607308
2.K.Sivasankaran
S/o. Kumaran, No. 5B, Surendara
Nagar, 6th Street Extension,
Adampakkam, Chennai 088
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3.V.Gayathiri
W/o. Vijayakumar, D/o. Kumaran, No.
79-A, Sriram Nagar, Gandhi Nagar
Post, Neyveli 607308
4.The Assistant Director
Local Town Planning Authority,
Tamizhmuthu Nagar, Kondur,
Cuddalore-607 006.
5.The President
Varakalpattu Panchayat, Varakalpattu
Village, Cuddalore Tlauk, Cuddalore.
6.The Block Development Officer,
Cuddalore Panchayat Union, Cuddalore
Taluk, Cuddalore
7.The Sub - Registrar,
Nellikuppam, Cuddalore.
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J.NISHA BANU, J.
AND
M.JOTHIRAMAN, J.
ASI
26-06-2025
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