IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 26-11-2025

CORAM

THE HONOURABLE MR.JUSTICE V. LAKSHMINARAYANAN

IN

WP NO. 11095 OF 2024

1. I.Sivagami

2. M.Arul

3. Madarasa Hidayathul Illam

Rep. By its Office Bearers

Revised Plot No.R14

Tamil Nadu Housing Board Residence

Phase 3, Sathuvachari

Vellore District.

4. D.Murugan

5. G.Krishnamoorthy

6. V.Ganapathy

7. B.Saritha

8. K.Sivanandan 9. S.Loganathan

10. R.Manjula 11. N.Munivel

12. A.Thanji Ammal

13. Sampath Rani

Petitioner(s)/

Prop. Rspds 6-18

Vs

Vallalar (phase-3) Residents Welfare Association

Regd. No.490/1995, No.264/2,

Nethaji Bose Main Road,

Phase- III, Sathuvachari, Vellore- 632 009.

Rep By Its President G. Mohan.

Respondent(s)/Petitioner

2.The District Collector Vellore District, Vellore.

3.The Vellore City Municipal Corporation Vellore

Vellore District, Rep. By its Commissioner.

4.The Executive Engineer Tamil Nadu Housing Board Sathuvachari, Vellore, Vellore District.

5.The Member Secretary Vellore Local Planning Authority/Joint Director District Town and Country Planning Office Vellore.

6.M/s.V.M.Constructions No.45A/1, Rasi Arunachala Street Nadupet Gudiyattam, Vellore District.

Respondent(s)

Prayer:-

To implead the petitioners in the present Writ Miscellaneous Petitioners as party respondents (6) to (18) in the writ petition No. 11095 of 2024.

For Petitioner(s): Ms.G.Thilagavathi, Sr.C For M/s.Gopinath B.Balaji M.Swetha R.Dharshini For Respondent(s): Mr.R.Sunil Kumar - R1 Mr.J.Ravindran, Additional Advocate General, Assisted by Mr.Prabhu -R3.

Mr.Kumaresan, Additional Advocate General, Assisted by Mr.S.Ramachandran, Standing Counsel for TNHB-R4 Mr.L.S.M.Hasan Fizal, Additional Government Pleader, -R2 and R5.

O R D E R

I heard Mrs.G.Thilagavathy, learned Senior Counsel, appearing for Mr.Gopinath, learned Counsel for the petitioners and Mr.R.Sunil Kumar, learned Counsel for the R1, Mr.J.Ravindran, learned Additional Advocate General, assisted by Mr.Prabhu, learned Counsel for the R3, Mr.Kumaresan, learned Additional Advocate General, assisted by Mr.S.Ramachandran, learned Standing Counsel for TNHB-R4 and Mr.L.S.M.Hasan Fizal, learned Additional Government Pleader, for the R2 and R5.

2. The petitioners are occupants of various portions in the layout developed by the Housing Board at Sathuvachari, Vellore. The petitioners have constructed Temples, Madarsa and houses on area reserved for open space reservation(OSR). They have moved this Court by way of an impleading petition, on account of the notices issued by the Vellore Municipal Corporation invoking Section 128 of the Tamil Nadu Urban Local Bodies Act, 1998.

3. It is their plea that the area, on account of having been kept open, gave sufficient room for unruly elements creating nuisance in the residential layout. Hence, in order to protect the layout and the residences from such unnecessary issues, they have decided to put up structures.

4. The petitioners also point out that the Housing Board had sold properties in Survey Nos. 171 (part), 172 (part) and 182 (part) to one Dinesh Kumar, son of a Councillor, and the property marked as S6 in the layout (reserved for community center and reading room) to an erstwhile Councillor's husband for a valuable consideration. They plead that sufficient opportunity has not been given to them in terms of Section 182 (2) and hence, they seek to be impleaded as party respondents to the present writ petition.

5. W.P. No. 11095 of 2024 relates to the proceedings of the Vellore Local Planing Authority seeking to quash an order converting the open space reservations(OSR) for other uses. While the writ petition and the review petition were pending, the Supreme Court had an occasion to consider the very issue presented in the writ petition in Association of Vasanth Apartments -vs-

V.Gopinath reported in 2023 SCC OnLine SC 137.

6. Mr. Justice K.M.Joseph speaking for the Supreme Court held that open space reservation(OSR) has to be maintained as it is. He declared that such areas cannot be converted into use for any other purpose. If the