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IN THE HIGH COURT OF JUDICATURE AT MADRAS
C.V.KARTHIKEYAN, J
S.Shanthi – Appellant
Versus
Director, Town and Country Planning Department – Respondent
ORDER :
This writ petition has been filed in the nature of a Certiorarified Mandamus calling for the records of an order dated 23.06.2023 passed by the 2nd respondent, the Joint Director, Town and Country Planning Department, Ariyalur in Roc.No.416 of 2023 and also of the consequential proceedings dated 06.07.2023 passed by the 3rd respondent, the President, Kilapalur Panchayat, Ariyalur District in Na.Ka.No.1/2023-2024 relating to layout No.DTCP No.10 of 2023 in Kilapalur Village, Thirumanur Panchayat Union, Ariyalur Taluk and to quash both the aforementioned orders and direct the respondents to revise the layout No.10 of 2023 in such a way that there is connectivity between the roads in existing layout No.08 of 2022 and the layout of 10 of 2023.
2. In the affidavit filed in support of the writ petition, the petitioner had stated that she is the absolute owner of the property at S.No.477/3C and 458/2 in Kilapalur Village, Kilapalur Panchayat Union, Ariyalur District, totally measuring 4.75 acres. The petitioner had developed the same as a layout of house sites called Sri Lakshmi Kuberan Nagar, Kilapalur. She applied to the 2nd respondent, the Joint Director, Town and Country Plannin
The court upheld the planning authority's decision, confirming that once land is designated as a park, it cannot be converted to a road, ensuring compliance with the Tamil Nadu Town and Country Plann....
Ownership of land designated for community purposes cannot be converted to residential plots without proper authorization; purchasers cannot be deemed encroachers if title is legally acquired.
OSR land in approved layouts for public parks cannot be sold privately; title disputes resolved in civil court, not writ jurisdiction.
The central legal point established in the judgment is the significance of title and ownership in the context of planning permission and layout approval, and the requirement for the Corporation to pr....
Approval for layout development remains valid under statutory provisions despite pending legal disputes unless explicitly prohibited.
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