##PAGE1##

WP(MD). No.11011 of 2025

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

Dated : 04/03/2026

CORAM

THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR

WP(MD). No.11011 of 2025

and WMP(MD)No.8218 of 2025

K.Velusamy ...

Petitioner

Vs

1. The State of Tamil Nadu,

Rep by its Secretary

Housing and Urban Development Department

Secretariat, Fort St. George

Chennai 600 009.

2. The Commissioner,

Town and Country Planning

No.807 Anna Salai

Chennai.

3. The Joint Director,

District Town and Country Planning

District Collector Office Buildiing

1/14

https://www.mhc.tn.gov.in/judis ( Uploaded on: 26/03/2026 03:08:34 pm )

##PAGE2##

WP(MD). No.11011 of 2025

Dindigul. ...

Respondents

PRAYER :- Writ Petition filed under Article 226 of the Constitution

of India, praying this Court to issue a Writ of certiorarified

mandamus to call for the records pertaining to the impugned

proceedings issued by the 3rd respondent in Na.Ka.No.3973/2024

Thi.Maa.3, dated.19.03.2025 and quash the same on the ground the

same is arbitrary, illegal and without any legal basis and

consequently directing the 3rd respondent herein to permit the

petitioner to pay 10percent of the guideline value instead of

allotting land for open space area in the light of the G.O.Ms.No.94,

dated.16.03.2024.

For Petitioner : Mr.S Sades Kumar

For Respondents : Mr.P.Subbaraj,

Spl. Government Pleader

ORDER

The petitioner challenges the communication dated

2/14

https://www.mhc.tn.gov.in/judis ( Uploaded on: 26/03/2026 03:08:34 pm )

##PAGE3##

WP(MD). No.11011 of 2025

19.03.2025 issued by the third respondent.

2. By the said communication, the petitioner’s request to

retain 10% of the unsold plot area on payment of 10% of the

prevailing guideline value as contemplated under G.O.Ms.No.94

dated 16.03.2024 came to be rejected.

3. The petitioner states that he had formed a residential

layout in the property comprised in Survey Nos.88/6 and 89/6,

measuring an extent of 1.83 acres, in the name and style of “CM

Golden Nagar”. In the said layout, a total of 32 plots were formed,

out of which 16 plots have already been sold. In accordance with

the provisions of the Tamil Nadu Regularisation of Unapproved

Layouts and Plots Rules, 2017, the petitioner applied for

regularisation of the remaining 16 plots and, at the time of

regularisation, an extent of 3224.64 square metres was reserved as

Open Space Reservation (OSR).

4. Heard the learned counsel appearing on either side and

3/14

https://www.mhc.tn.gov.in/judis ( Uploaded on: 26/03/2026 03:08:34 pm )

##PAGE4##

WP(MD). No.11011 of 2025

perused the materials available on record.

5. Subsequent to the regularisation of the unapproved

layout, the Government issued order in G.O.Ms.No.94 dated

16.03.2024. By the said Government Order, Rule 7 of Tamil Nadu

Regularisation of Unapproved Layouts and Plots Rules, 2017 was

amended and the amendments reads as follows;

4/14

https://www.mhc.tn.gov.in/judis ( Uploaded on: 26/03/2026 03:08:34 pm )

##PAGE5##

WP(MD). No.11011 of 2025

“In the said Rules, in rule 7, in clause (g), in

sub-clause (II), for the expression "The

reservation of land for Open Space

Reservation shall be provided by

amalgamating or altering the unsold plots to

an extent not less than 10% of the total area of

unsold plots. However, it would not be

essential to provide 10% of the unsold plot

area in a layout in one contiguous stretch or

in definite dimension", the expression "10 %

of the unsold plot area shall be provided as

Open Space Reservation. However, in respect

of the layouts having unsold plot area upto

5000 Sq.m., the applicant shall either provide

10% of unsold plot area as Open Space

Reservation or pay the amount equivalent to

10% of the prevailing guideline value of the

unsold plot area" shall be substituted.”

By the said amendment, the applicant shall either provide

10% of unsold plot area as open space reservation or to pay the

amount equivalent to 10% of prevailing guideline value of unsold

5/14

https://www.mhc.tn.gov.in/judis ( Uploaded on: 26/03/2026 03:08:34 pm )

##PAGE6##

WP(MD). No.11011 of 2025

plot area shall be substituted.

Click Here to Read the rest of this document