Madras High Court
L.Nachimuthu vs The District Collector on 17 February, 2021
Author: N.Seshasayee
Bench: N.Seshasayee
W.P.No.1199 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 17.02.2021
CORAM : JUSTICE N.SESHASAYEE
W.P.No.1199 of 2021
and WMP.No.1356 of 2021
L.Nachimuthu
Rep. by his father / Power of Attorney
Mr.G.P.Loganathan ... Petitioner
Vs
1.The District Collector
Erode District.
2.The Assistant Director of Town Panchayats
Collector Office Compound
Erode.
3.The Executive Officer
Kodumudi Town Panchayat (Selection Grade)
Kodumudi
Erode District.
4.The District Registrar
District Registration Office
Karungalpalayam
Erode.
5.The Sub Registrar
Kodumudi
Erode District.
6.Paramasivam
7.Vijayakumar ... Respondents
https://www.mhc.tn.gov.in/judis/
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W.P.No.1199 of 2021
Prayer : Writ Petition filed under Article 226 of the Constitution of India
praying to issue a Writ of Certiorarified Mandamus to call for the records
relating to the impugned order of the 5th respondent dated 09.09.2020
made in Na.Ka.No.166/2020, quash the same and consequently direct the
respondents to consider petitioner's representation dated 29.10.2020 and
take appropriate action.
For Petitioner : Mr.R.Prabakar
For Respondents : Mr.E.Balamurugan
Special Government Pleader [R1 to R3]
Mr.T.M.Pappiah
Special Government Pleader [R4, R5]
ORDER
The petitioner has moved a petition to forbear the Sub Registrar, Kodumudi, the fifth respondent herein from registering the document as concerning certain unapproved layouts.
2. The grievance of the petitioner is that the petitioner's property lies adjacent to what the petitioner terms as an unapproved layout and whatsoever the say, vis-a-vis the unapproved layout, they are dumping the sewerage into the property of the petitioner . The representations to https://www.mhc.tn.gov.in/judis/ 2/5 W.P.No.1199 of 2021 the authorities fall in deaf ears. The petitioner now brought to the notice of the Court the Regularisation of Unapproved Plots and Layouts Rules 2017 framed under Section 113 of the Tamil Nadu Town and Country Planning Act, 1971, notified Vide G.O.(Ms.)No.78 of Housing and Urban Development [UD4(3)] Department, dated 04.05.2017, and argued that as per Rule 15, no sale as concerning in a plot under unapproved layout can be registered.
3. Heard Mr.T.M.Pappiah, learned Special Government Pleader for respondents 4 and 5, and he made a statement that inasmuch as the Regularisation of Unapproved Plots and Layouts Rules 2017 are statutory Rules, it may bind the concerned Sub Registrar. The said statement is recorded.
4. The petitioner is now required to make a fresh representation to the concerned Sub Registrar, Kodumudi, who may ascertain whether the layout concerned is approved or not, and also act in accordance with law, considering Rule 15 of the Regularisation of the Unapproved Plots and Layouts Rules 2017.
https://www.mhc.tn.gov.in/judis/ 3/5 W.P.No.1199 of 2021
5. The writ petition is disposed of accordingly. No costs. Consequently, connected miscellaneous petition is closed.
17.02.2021 ds Index : Yes / No Internet : Yes / No Speaking Order / Non-speaking Order To:
1.The District Collector Erode District.
2.The Assistant Director of Town Panchayats Collector Office Compound Erode.
3.The Executive Officer Kodumudi Town Panchayat (Selection Grade) Kodumudi Erode District.
4.The District Registrar District Registration Office Karungalpalayam Erode.
5.The Sub Registrar Kodumudi Erode District.
https://www.mhc.tn.gov.in/judis/ 4/5 W.P.No.1199 of 2021 N.SESHASAYEE.J., ds .
W.P.No.1199 of 2021
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