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2026 Supreme(Mad) 2272

IN THE HIGH COURT OF JUDICATURE AT MADRAS 
V. LAKSHMINARAYANAN, J. 
P.Vyjayanthy – Petitioners  
Versus  
The Principal Secretary To Government, Revenue and Disaster Management Department – Respondent
WP No. 3101 of 2026 and WMP.No.3488 of 2026 
Decided On : 13-02-2026 

Advocates Appeared:
For the Petitioners: M/s.Harsha Vardhan R C
For the Respondents: Mr.L.S.M.Hasan Fizal AGP, Mr.Sanjay Balachandar, for CMDA, Ms.Vanitha Joice Rani

ORDER :

V. LAKSHMINARAYANAN, J.

This Writ Petition has been filed seeking direction to the respondents to develop the lands comprised in S.No.105 in consonance with the in-principal approval of the layout framework granted by the 5th respondent in P.P.D/L.O No. 1328/2018 (Regularisation 2017) and consequently to provide approach road to the petitioner's land.

2. The petitioner's husband, one Rajendra Prasad Babu, purchased a property situated in Survey No.112 at Nolambur Village, Maduravoyal Taluk, Chennai District. On the strength of the sale deed, he applied for mutation of the revenue records and he was granted patta in patta No.801. A few years after the purchase, he passed away on 08.08.2019, leaving behind the writ petitioner and two daughters, namely, P.Swetha and P.Sneha as his legal heirs. Today, these three persons are the owners of the property.

3. Adjacent to the property purchased by Rajendra Prasad Babu, there exists Survey No.105. This is classified in the Revenue Records as “Meikkal Poramboke”, by its very nature of things, is reserved for grazing of cattle and it cannot be a subject matter of development, unless and until, duly approved by the appropriate authorities under the Government.

4. The petitioner states that she and the adjacent landowners were utilising the Survey No.105 for having access to their respective lands. The respondent Nos.4 and 5 had invoked the provisions under GO.Ms.No.78, Housing and Urban Development, dated 04.05.2017 and GO.Ms.No.172, Housing and Urban Development, dated 13.10.2017 and granted in-principle approval for the layout. The petitioner states that her property was accessible through the road titled ECI Church Road, with a width of 50 feet, as well as the Union Road, which runs over survey No.105. The petitioner adds that the sixth respondent surveyed Survey No.105 and had decided to compound the said property for proposed development. The petitioner alleges that if the property in Survey No.105 is developed, without leaving access, she would be landlocked and that would be in violation of Rule 4 of the Tamil Nadu Combined Development and Building Rules of 2019. Hence, she approached this Court for the aforesaid relief.

5. Considering the plea made by the petitioner, I called upon Mr.L.S.M.Hasan Fizal, learned Additional Government Pleader for the respondents 1 to 3 and 12, to get instructions from the Tahsildar as regards the status of Survey No.105 as well as the present situation that prevails. Mr.L.S.M.Hasan Fizal, got instructions on 05.02.2026 and 10.02.2026 from the Tahsildar, Maduravoyal Taluk. Copies of the written instructions have also been handed over to Mr.R.C.Harsha Vardhan, learned counsel for the petitioner. The fact that Survey No.105 is a Meikkal Poramboke was reiterated in the instructions. It is stated that the land situated in Survey No.112/1C (the property belonging to the petitioner) and Survey No.105/1 were inspected by the Tahsildar together with the Junior Engineer of the Greater Chennai Corporation and the Assistant Planner, CMDA. During the course of survey, they found that the petitioner's land is surrounded on all three sides by Survey No. 112 and on the eastern side by Survey No.105. Even in respect to the Government land situated in Survey No.105/1, there is no road as alleged by the petitioner.

6. The instructions further state that the properties situated in Survey Nos.81, 88, 89, 90, 91, 93, 94/2, 94/3, 106, 107, 108, 109/1, 109/2, 111, 112, 113, 114, 116, 117/2, 122, 123, 124/1 and 139 at Nolambar Village, were the subject matter of the regularisation of the layout in terms of G.O.Ms.Nos.78 and G.O.Ms.No.172, as referred to above, which pointed out that in the schematic diagram, Survey Nos.105/1 and 105/2 have not been included in the regularisation of layout. The instructions further state that no approach could be given to the petitioner, from and out of the land parcel in Survey No.105. Since a copy of the instructions was received by Mr.R.C.

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