Existing developments are protected from being affected by reclassification under Sections 47 and 51 of the Tamil Nadu Town and Country Planning Act.

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12.01.2022

CORAM :

THE HONOURABLE MR.JUSTICE R.SURESH KUMAR

Writ Petition No.37147 of 2016

and W.M.P.No.31915 of 2016

M/s.Janatha Tyre Retreaders,

Represented by its Managing Partner,

A1, North Main Road,

Chidambaram – 608 001.

Represented by its Managing Partner,

Mr.Biju J.Veyccal

….

Petitioner

-Vs-

1.The Director

Directorate of Town and Country Planning,

807, Anna Salai, Chennai – 600 002.

2.The Commissioner,

Chidambaram Municipality,

Chidambaram, Cuddalore District.

3.Asivatham Nagar and GN Nagar

Welfare Association,

rep. by its President,

R.Kasinathan,

No.19, Asirvatham Nagar, Chidambaram …. Respondents

[R3 impleaded as per order dated 13.03.2017

in WMP.No.36204 of 2016]

Prayer: Writ Petition under Article 226 of the Constitution of

India praying for the issuance of a Writ of Mandamus, forbearing

the respondents from applying the reclassification to the

petitioner's premises viz., No.A1, North Main Road, Chidambaram-

608001 as “mixed residential zone”in variation to the earlier

existing classification as commercial zone and consequently

direct the respondents to grant the benefit of exemption as per

Section 47 and 51 of the Tamil Nadu Town & Country Planning Act

to the petitioner.

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For Petitioner :Mr.S.Thanka Sivan

For Respondents

R1 & R2 :Mr.V.Manoharan

Additional Government Pleader

R3

:Ms.Pooja

O R D E R

The prayer sought for herein is for a writ of Mandamus,

forbearing the respondents from applying the reclassification to

the petitioner's premises viz., No.A1, North Main Road,

Chidambaram-608001 as “mixed residential zone” in variation to

the earlier existing classification as commercial zone and

consequently direct the respondents to grant the benefit of

exemption as per Section 47 and 51 of the Tamil Nadu Town &

Country Planning Act to the petitioner.

2.The case of the petitioner as per the affidavit

averments of the petitioner is that the petitioner established a

small scale tyre retreading unit at No.A1, North Main Road,

Chidambaram, which unit was established according to the

petitioner in the year 1991.

3.The petitioner obtained license under the Tamil Nadu

Factories Act which was valid upto 31.12.2016. The Tamil Nadu

Pollution Control Board also issued consent to operate under the

Air [Prevention and Control of Pollution] Act, 1981 as well as

Water [Prevention and Control of Pollutin] Act, 1974 to the

petitioner unit during the year 2001.

4.The petitioner was also having fire license issued by

the Fire Department which was valid upto 29.12.2016. The second

respondent, Chidambaram Municipality had also issued D&O Trade

license after due inspection by the officials concerned of the

Municipality which was valid upto 31.03.2017.

5.The petitioner is running a small scale unit of tyre

retreading with the power consumption of less than 50HP and 22

employees were working.

6.When that was the position, when the petitioner had

approached the concerned authorities for renewal of the license,

it was refused or they have not considered or accepted the plea

of the petitioner for renewal of the license by the Municipality

and the consent to be issued by the Tamil Nadu Pollution Control

Board, etc. on the sole ground that initially the land in which

https://hcservices.ecourts.gov.in/hcservices/

the petitioner unit was located was classified as commercial zone

and subsequently sometime in 2007, it has been reclassified as

mixed residential zone. In view of such reclassification and

since there has been a complaint or objection raised by the third

respondent, Residents' Welfare Association in that locality,

these authorities including the second respondent had not come

forward to renew the necessary license which the petitioner has

already been enjoying