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P.Jeyakumar vs The Director
2026 Latest Caselaw 925 Mad

Citation : 2026 Latest Caselaw 925 Mad
Judgement Date : 6 March, 2026

[Cites 2, Cited by 0]

Madras High Court

P.Jeyakumar vs The Director on 6 March, 2026

Author: R.Vijayakumar
Bench: R.Vijayakumar
                                                                                        W.P(MD).Nos.25812 & 20373 of 2025




                        BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                       ORDER RESERVED ON                            : 30.01.2026

                                       ORDER PRONOUNCED ON : 06.03.2026

                                                 CORAM:
                                  THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR

                                     W.P.(MD).Nos.25812 & 30373 of 2025
                            and WMP(MD).Nos.20201, 20202, 23541, 23543 & 23548 of 2025

                     WP(MD).No.25812 of 2025

                     P.Jeyakumar                                                                ....Petitioner

                                                                  Vs

                     1.The Director
                     Directorate of Town and Country Planning
                     Koyembedu
                     Chennai 600 107

                     2.The Assistant Director
                     Madurai Local Planning Authority
                     Madurai District Town and Country Planning Office
                     Section 6, Aanaiyur-Mudakathan Main Road
                     Koodal Pudur, Madurai 625 017.

                     3.The Special Officer /Block Development Officer
                     (Village Panchayat)
                     Thiruparankundram
                     Madurai District

                     4.Mrs.I.Bhavani                                                    .....Respondents


                     Prayer: This Petition filed under Article 226 of the Constitution of India, to
                     issue a Writ of Certiorari, to call for the records from the first respondent in

                     1/22


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                                                                                      W.P(MD).Nos.25812 & 20373 of 2025


                     his proceeding in Na.Ka.No.316/2024/TCP-1 dated 03.09.2025 and quash the
                     same.


                     WP(MD).No.30373 of 2025
                     1.Subbaiah
                     2.Rajeev
                     3.Revathi
                     4.Karthigaiselvi                                                         .....Petitioners
                                                                Vs
                     1.The Director
                     Directorate of Town and Country Planning
                     Koyembedu
                     Chennai 600 107

                     2.The Assistant Director
                     Madurai Local Planning Authority
                     Madurai District Town and Country Planning Office
                     Section 6, Aanaiyur-Mudakathan Main Road
                     Koodal Pudur, Madurai 625 017.

                     3.The Special Officer /Block Development Officer
                     (Village Panchayat)
                     Thiruparankundram
                     Madurai District

                     4.P.Jeyakumar
                     5.Mrs.I.Bhavani                                                          .....Respondents
                     Prayer: This Petition filed under Article 226 of the Constitution of India, to
                     issue a Writ of Certiorari, to call for the records from the first and second
                     respondents in their proceeding in Na.Ka.No.316/2024/TCP-1 dated
                     03.09.2025 and Na.Ka.No.1008/2024/Mathi 5 dated 11.09.2025 respectively
                     and quash the same.


                     2/22


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                                                                                            W.P(MD).Nos.25812 & 20373 of 2025



                     (In WP(MD).No.25812 of 2025)

                                       For Petitioner          : Mr.G.Prabhu Rajadurai
                                                               For Mr.N.Sathish Babu

                                       For Respondents        : Mr.M.Gangadharan
                                                              Government Advocate for R1 to R3

                                                              :M/s.Chithra Sampath
                                                              Assisted by Mr.J.Hariharan
                                                              For Mr.S.Vidhyasagar for R4

                     (In WP(MD).No.30373 of 2025)

                                       For Petitioners         : Mr.D.Srinivasaragavan


                                       For Respondents        : M/s.D.Farjana Ghoushia
                                                              Special Government Pleader for R1 to R3

                                                              :Mr.G.Prabhu Rajadurai
                                                               For Mr.N.Sathish Babu for R4

                                                              :M/s.Chithra Sampath
                                                              Assisted by Mr.J.Hariharan
                                                              For Mr.S.Vidhyasagar for R5

                                                         COMMON ORDER


WP(MD).No.25812 of 2025 has been filed by the layout promoter

challenging the order of the Director of Town and Country Planning dated

03.09.2025 wherein the layout approval already granted in favour of the

petitioner company on 27.12.2017 has been cancelled.

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2.W.P(MD).No.30373 of 2025 has been filed by four plot owners

challenging the above said order and the the consequential order of the

Assistant Director of Town and Country Planning, Madurai dated 11.09.2025

wherein he had communicated the order of the Director dated 03.09.2025.

(A).Facts leading to the filing of the present writ petitions are as follows:

3.The petitioner company had initially created an unapproved layout

under the name and style of “Classic City” and constructed 134 houses and

handed over the same to the purchasers. The Government of Tamil Nadu

introduced Tamil Nadu Regularisation of Unapproved Layouts and Plots

Rules, 2017 (hereinafter called as 'Rules') with effect from 04.05.2017. In

order to get regularisation of the unapproved layouts, the petitioner company

had made an application to the Director of Town and Country Planning and

the same was granted on 27.12.2017. A consequential technical approval was

granted by the Assistant Director on 18.01.2018.

4.The fourth respondent in WP(MD).No.25812 of 2025 and fifth

respondent in WP(MD).No.30373 of 2025 namely Mrs.I.Bhavani claimed

title over a portion of the land in the unapproved layout by virtue of a gift

settlement deed in her favour dated 24.08.2017. She had filed WP(MD).No.

15943 of 2021 seeking a mandamus directing the official to cancel the layout

approval granted in favour of the petitioner company. The said writ petition

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was disposed of on 27.09.2023 directing the petitioner therein to file an

appeal before the Director of Town and Country Planning within a period of

four weeks and Director was directed to dispose of the same within a period

of 12 weeks. In compliance with the order of the Court, the first respondent

has passed the impugned proceedings on 03.09.2025 cancelling the approval

granted to the layout and a consequential order has been passed by the second

respondent on 11.09.2025 intimating the same to the writ petitioner. These

orders are put to challenge in the present writ petitions.

(B).Reasons assigned in the impugned orders for cancellation of the layout approval are as follows:

5(a).Though there is a registered pathway agreement in favour of the

petitioner company, the same has been gifted in favour of Mrs.I.Bhavani

under a settlement deed dated 24.08.2017. Therefore, the survey number in

dispute, namely 18/3A2 does not belong to the petitioner company which is

included in the layout plan.

b)Survey Nos.13/3 and 14/12 in Achampathu Village and Survey No.

103/1 in Kochadai Village belongs to Sri Lala Sri Rengachatram as per order

of the District Munsif Court in O.S.No.109 of 2016. These survey numbers

are also forming part of the layout approval.

c)The Deputy Block Development Officer has pointed out that the

lands that are earmarked for the road in the layout approval have not been

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handed over to the local body by executing a gift deed and therefore, the

same is not reflected in the Road Register of Thiruparankundram Panchayat

Union.

d)The layout promoter Mr.P.Jeyakumar owns only an extent of 4.2725

acres. However, an extent of 5.23 acres are shown as layout area in the

technical approval granted.

e)As per Rule 4(6) of the Rules, if the applicant does not possess

ownership right on lands, he cannot make an application for regularisation of

unapproved plots or layouts.

d)As per Rule 5(8), any application made by any person for

regularisation of plot or layout who does not have any right over the land has

to be summarily rejected. In the present case, only based upon the registered

pathway agreement, the layout approval has been granted. However, the said

document does not confer full rights upon the layout developer and therefore,

the regularisation of the layout already granted has to be cancelled.

(C).Submissions of the counsels appearing on either side are as follows:

6.According to the learned counsel appearing for the writ petitioners,

he had purchased two pockets of land from the fourth respondent's father

namely Thiyagarajan. In between these two pockets of land, certain portion

of the land was retained by the vendor. Therefore, in order to have access

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from one pocket of land to other pocket of land, a registered pathway

agreement was executed by him on 11.08.2014. As per the said agreement, it

can be used as a pathway by all the plot owners and for the purpose of

drawing pipelines and erection of street lights. He further submitted that

relying upon the said pathway agreement, the petitioner company had made

an application for regularisation of the layout. After being convinced with the

availability of access to the public road, the authorities were pleased to grant

regularisation of the layout.

7.The learned counsel for the petitioners further submitted that as per

pathway agreement, neither the petitioner company nor the original owner of

the land could put up any construction and the same is retained only as a

pathway. According to him, the said pathway agreement is also reflected in

the settlement deed executed by the legal heirs of the deceased vendor. He

had further pointed out that in the counter filed by the private respondent, he

had specifically admitted that she will retain it as a pathway. She did not have

any objection whatsoever for using it as pathway. In such circumstances,

there is no reason whatsoever for cancellation of the layout alleging that there

is no pathway access to the public road.

8.The learned counsel for the petitioners had further submitted that

when the petitioner as well as the private respondent could use the land in

dispute only as a pathway, the private respondent cannot claim any exclusive

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right over the said disputed survey number because she cannot also put up

any construction therein. In case, if they are developing a layout in the land

retained by them, the present disputed pathway could be an access to them.

9. The learned counsel for the petitioners had further submitted that

when the private respondent could not point out any legal grievance over the

usage of the land as a pathway access to reach the public road, especially in

the light of the registered document, does not have any locus whatsoever to

approach the authorities for cancellation of the regularisation of the layout.

The learned counsel relying upon Rule 19 of Development Control Rules for

Chennai Metropolitan Area, 2004, submitted that all streets shall become

public and therefore, even if a gift deed is not executed for streets, they would

continue to be a public street. He also relied upon Rule 47 of Tamil Nadu

Combined Development and Building Rules, 2019.

10.The learned counsel for the petitioners had further submitted that

the right of pathway is an immovable property as per decision of this Court

reported in 2019 7 MLJ 692 (Revathi Vs. Kathan) and therefore, the

petitioner company would be entitled to execute a gift deed in favour of the

local body. He further pointed out that the private respondent in WP(MD).No.

30373 of 2025 has filed a counter affidavit, clearly admitting that she has no

intention to restrain this petitioner from using the said portion as a pathway.

In such circumstances, irrespective of the fact, whether any consideration has

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passed under registered pathway agreement or not, the inclusion of Survey

No.18/3A2 would not in any way affect the rights of the private respondent or

affect the validity of the regularisation of layout granted in favour of the

petitioner company.

11.The learned counsel for the petitioners had further submitted that as

far as Survey No.13/3, 13/12, in Achampathu Village and Survey No.103/1 in

Kochadai Village (belonging to one Lala Sri Rengachatram) are concerned, a

compromise has been entered into between the parties and the judgment had

been delivered on 22.04.2018. As per the said judgment, the trust has pointed

out that they have no objection whatsoever for using the said property as

pathway. Though the said judgment was produced before the first respondent,

the same has not been taken into consideration and an order has been passed

in an illegal manner.

12.The learned counsel for the petitioners further pointed out that in

the light of the counter affidavit filed by the private respondent, it is clear that

the private respondent is not claiming any absolute owner over the property

and she does not have any objection whatsoever for using the same as

pathway either by the petitioner company or by the plot owners. In such

circumstances, merely to satisfy the ego of the private respondent, the

regularisation already granted to the layout cannot be cancelled. He further

pointed out that even the private respondent enjoyed only limited rights over

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the said property, in view of the registered pathway agreement executed in

favour of the petitioner. Hence, he prayed for setting aside the orders

impugned in the writ petitions and to allow the same.

13.Per contra, the learned counsel appearing for the private respondent

had submitted that as per pathway agreement, the petitioner has only got a

limited right of usage and does not have any ownership. In such

circumstances, as per Rule 4(6) and 5(8) of the Rules, the petitioner would

not be entitled to show this survey number as an access to reach the public

road, because they do not have any title over the survey number.

14.The learned counsel for the private respondent had further

submitted that by falsely claiming that Survey No.18/3A2 is their private

property, had made an application before the first respondent for

regularisation of the layout. When no consideration had passed under

registered pathway agreement, it has been erroneously mentioned in the writ

affidavit as if consideration is passed.

15.The learned counsel for the private respondent had further stated

that the fourth respondent is the absolute owner of the pathway through

registered settlement deed after death of her father. However, the petitioner

company had misled the Court that the registered settlement deed in favour of

the fourth respondent does not mention about right of the pathway. He had

further submitted that the activity of the petitioner company is nothing but

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land grabbing. He further stated that they already sold the plots to 134

individuals without owning pathway. The petitioner has gifted only 11 cents

and rest of the land is not gifted in favour of the local body. When the land

earmarked for the road has not been gifted in favour of the local body, the

regularisation order becomes invalid and the lands are returned in favour of

the original owner.

16.The learned counsel for the respondent had relied upon the

definition of layout promoters in Rule 2(10) and also Rule 5(9)(c) of the

Rules and contended that the petitioner company having not produced

encumbrance certificate for all the survey numbers to establish the title over

the property, cannot now contend that they have sold those plots to third

parties and therefore, the layout has to be regularised. He had further

contended that the petitioner is attempting to convert private access road into

public road without consent of the respondents.

17.The learned counsel for the private respondent had further

submitted that the petitioner is always at liberty to file a fresh layout plan

excluding the pathway owned by the respondent subject to the other

conditions imposed by the authorities. The respondent had no intention to

obstruct the free ingress and egress of the purchasers of the lands covered

under the layout as per the pathway agreement which was entered into

between the private respondent's father and the petitioner company.

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18.The learned counsel for the private respondent further submitted

that though the petitioner is the owner of only an extent of 4.2725 acres, the

layout submitted covering an ares of 5.23 acres which would clearly indicate

that the approval application is in violation of the regularisation Rules and

suffers from illegality and the same is invalid in the eye of law. Therefore, the

learned counsel prayed for sustaining the order impugned in the writ petition.

19.The learned counsel appearing for the official respondents

submitted that though the petitioner company owns an extent of only 4.2725

acres, the layout approval was initially granted to 5.23 acres including the

pathway which is disputed. As per Rule 4(6) and Rule 5(8) of the Rules,

unless the applicant is the owner of the entire land, such an regularisation

cannot be granted. In the present case, admittedly the petitioner company is

not the owner of the land which is shown as access road except they got some

agreement to use the disputed land as a pathway.

20. The learned counsel for the official respondent had further pointed

out that when regularisation of the layout has been obtained by suppression

of material fact and by playing fraud upon the authorities, it is nothing but

natural that the authorities have chosen to cancel the layout approval. Hence,

he prayed for dismissal of the writ petitions.

21.Heard the learned counsels appearing on either side and perused the

material records.

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(D).Discussion:

22.The petitioner company has purchased two pockets of land from the

father of the private respondent. In between these two pockets of land, a

portion of the land was retained by the father of the private respondent.

Therefore, in order to connect these two pockets of land, the petitioner

company has approached the vendor seeking right of access which has

resulted in execution of a registered pathway agreement on 11.08.2014 in

favour of the petitioner company with regard to Survey No.18/3A2.

23.A perusal of the said registered agreement reveals that the private

respondent's father namely Mr.C.Thiyagarajan has executed the said

document in favour of the Managing Director of the petitioner company. The

said document reveals that the purchasers from the petitioner company have

been granted right to use the said Survey Number as a common pathway.

Further, the rights have been given to the petitioner company to erect

electrical posts, underground drainage and draw water pipelines.

24.After the death of Mr.C.Thiyagarajan, his legal heirs have executed

a settlement deed to their sister (private respondent in the writ petition) on

24.08.2017. In Page No.9 of the document, it is specifically pointed out that

the donee, namely the private respondent herein is entitled to use the pathway

as per Document No.2646/2014 dated 24.08.2017. Therefore, it is clear that

what is conveyed in favour of the private respondent under the settlement

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deed is also only a right of pathway with regard to Survey No.18/3A2.

Therefore, it is clear that both the petitioner company as well as the fifth

respondent herein have got only a right of pathway over Survey No.18/3A2

and none of them would have a better right over the above said survey

number. Therefore, the contention of the learned counsel for the private

respondent that she retains absolute ownership over the property and what is

conveyed to the petitioner company on 24.08.2017 is only a pathway access

right is not legally sustainable.

25.Under the pathway agreement dated 11.08.2014, executed by the

private respondent's father not only pathway rights have been granted, but the

right to erect street lights, draw drainage and water pipelines have also been

granted. Therefore, it is clear that the private respondent's father namely

Mr.C.Thiyagarajan had not retained any better right than what he had

conveyed. In case, if it is construed that Thiyagarajan has retained absolute

title, it would only mean that he will be able to block the road or put up

construction in the said survey number namely Survey No.18/3A2. Therefore,

it is clear that both the parties under pathway agreement dated 11.08.2014

have agreed that they would retain Survey No.18/3A2 only as a pathway.

Only subject to this pathway agreement, the legal heirs of Thiyagarajan have

executed a settlement deed in favour of the private respondent on 24.08.2017.

The said gift deed also reflects the pathway agreement and the right of the

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private respondent to use it only as a pathway. Therefore, the contention of

the learned counsel for the private respondent that she is retaining the

absolute ownership over the property is not legally sustainable.

26.This Court has called for the records from the official respondents

to find out whether the pathway agreement was placed before the authorities

while considering the request for regularisation of layout. In fact, the pathway

agreement dated 11.08.2014 has been placed on record. Only relying upon the

said document, treating it as an access road to reach the public road,

regularisation of layout has been granted.

27.Rule 7 of Tamil Nadu Regularisation of Unapproved Layouts and

Plots Rules, 2017 deals with guidelines for regularisation. Rules 7(c) is

extracted as follows:

“7.Guidelines for Regularisation: -----

(c).Any plot for regularisation shall abut a public street or gain access from a public street through a private street over which the applicant has the “right to access.”

28.A perusal of the said rules indicates if any application is filed for

regularisation of a plot or a layout, it should abut a public road or gain access

from a public street through a private street over which the application has

the right to access. The work 'right to access' assumes significance. Mere

right to access over a private street is enough. It does not mandate ownership.

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In the present case, the applicant has obtained right to access under a

registered document. In such circumstances, the absence of ownership over

Survey No.18/3A2 will not be a legal impediment for seeking regularisation

of unapproved individual plot or a layout. Therefore, the contention raised by

the respondent herein that the petitioner not being the absolute owner of

Survey No.18/3A2, would not be entitled to make an application for

regularisation cannot be accepted.

29.The learned counsel appearing for the official respondents had

pointed out that Rule 4(6) which states that if plot has been created on a

public road or street or any other land over which the applicant does not

possess ownership, the same cannot be considered for regularisation. This

clause is applicable only when the plot is created over that land over which

the applicant does not possess ownership. However, as far as access road is

concerned, the ownership is not mandatory in view of the Rule 7(c) as cited

supra.

30.The learned counsel for the respondents had also relied upon Rule

5(8) wherein the application for regularisation of any plot or layout cannot be

entertained if the applicant does not have any right over the land. The word

'any right' assumes significance and the same has to be read in the light of

Rule 7(c) as cited supra. When the petitioner is having right of access under a

registered document, Rule 5(8) cannot be invoked as if the petitioner

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company does not have any right whatsoever.

31.As discussed supra, it is clear that both the petitioner as well as the

private respondent can use Survey No.18/3A2 only as a pathway and not for

any other purpose. What has been granted in favour of the private respondent

is only right of pathway under a gift deed dated 24.08.2017. In such

circumstances, it is clear that the private respondent cannot block the pathway

or put up any construction over Survey No.18/3A2. The right of the private

respondent is also restricted. Therefore, the contention of the private

respondent that she is the absolute owner of the property and the petitioner

company has got only a limited right of using the same as a pathway is not

factually correct and in fact, both of them have equal rights to use Survey No.

18/3A2 only as a pathway. In such circumstances, the private respondent is

not able to establish the legal grievance for granting layout approval based

upon the pathway agreement dated 11.08.2014, especially in the light of the

fact that when right of access is enough for considering a request for

regularisation and the ownership is not mandated under Rule 7(c). In fact,

when a layout is created by the private respondent, Survey No.18/3A2 will

operate as an access road to her layout also.

32.The impugned order further refers to the fact that some of the

survey numbers belong to Lala Sri Rengachatram wherein the parties have

agreed to use those survey numbers as pathway. Therefore, even in the case

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touching upon Lala Sri Rengachatram property is concerned, Rule 7(c) would

get attracted wherein the right of access has been conferred upon the

petitioner company based upon a compromise entered into the civil Court.

33.The private respondent has filed a counter in WP(MD).No.30373 of

2025. Paragraph No.4 of the said counter is extracted as follows:

“4.I respectively submit that the writ petitioners have

mislead this Hon'ble Court by stating that I tried to interfere with

the peaceful usage of the subject pathway by the petitioners which

is blatantly false and without any semblance of evidence. The

petitioners are called to prove the same. I affirm that I have no

intention to restrain the 4th respondent or his buyers including the

petitioners from usage of the subject pathway. I abide by the deed

of pathway agreement dated 11.08.2014 in Document No.

2646/2014 and hence, the 4th respondent and his buyers of the

western of Survey No.18/3A2 an extent of 90 cents will be

permitted to use the subject pathway and they will not be

restrained by me in any manner. “

34.As far as gifting of the land earmarked for road portion is

concerned, the petitioner company as well as the private respondent are

having only limited rights over Survey No.18/3A2. As held by the Hon'ble

Supreme Court in a judgment reported in (1955) 2 SCC 303 (Ananda

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Behera and another Vs. State of Orissa and another) right of way is an

immovable property. Therefore, the same has been conferred in favour of the

petitioner company by way of a registered document. In such circumstances,

there may not be any legal impediment for the petitioner company to gift

away the said right of way to the local authorities concerned especially in the

light of the fact that the private respondents does not have any better right

over Survey No.18/3A2 as stated supra.

35.Another ground raised in the impugned order for cancellation of

regularisation is that when the petitioner company owned just 4.2725 acres,

approval has been granted for 5.23 acres indicating to the effect that pathway

area has been included. This Court has already pointed out that in view of

Rule 7(c) of the Rules, inclusion of the land over which the pathway access

has been obtained as contemplated under Rule 7(c) of the Rules cannot be

found fault with.

36.In view of the above said deliberations, the reasons assigned in the

orders impugned in the writ petitions for cancellation of the regularisation

order granted to the unapproved layout is clearly unsustainable in the eye of

law, especially when the private respondent is not able to establish any better

right than that of the petitioner company over the disputed survey number in

Survey No.18/3A2.

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(E).Conclusion:

37.In view of the above said deliberations, the orders impugned in

both the writ petitions are hereby set aside and the writ petitions stand

allowed. No costs. Consequently, connected miscellaneous petitions are

closed.


                                                                                                          06.03.2026



                     Internet : Yes/No
                     Index : Yes/No
                     NCC        : Yes/No
                     msa







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                                                                                     W.P(MD).Nos.25812 & 20373 of 2025




                     To

                     1.The Director
                     Directorate of Town and Country Planning
                     Koyembedu
                     Chennai 600 107

                     2.The Assistant Director
                     Madurai Local Planning Authority
                     Madurai District Town and Country Planning Office
                     Section 6, Aanaiyur-Mudakathan Main Road
                     Koodal Pudur, Madurai 625 017.

                     3.The Special Officer /Block Development Officer
                     (Village Panchayat)
                     Thiruparankundram
                     Madurai District







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                                                                                       W.P(MD).Nos.25812 & 20373 of 2025




                                                                                           R.VIJAYAKUMAR, J.


                                                                                                                   msa




                                                                                       Pre-delivery order made in

                                                         W.P.(MD).Nos.25812 & 30373 of 2025

and WMP(MD).Nos.20201, 20202, 23541, 23543 & 23548 of 2025

06.03.2026

https://www.mhc.tn.gov.in/judis ( Uploaded on: 06/03/2026 02:33:24 pm )

 
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