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2026 Supreme(Online)(Mad) 30608

IN THE HIGH COURT OF JUDICATURE AT MADRAS
Sushrut Arvind Dharmadhikari, CJ, G.Arul Murugan, J
Balaji – Appellant
Versus
The Director of Town and Country Planning – Respondent
W.P.No.12421 of 2026 | W.M.P.No.13587 of 2026



Advocates:
For Petitioner(s): Ms. L.Maria Elezeabeth
For Respondent(s): Mrs. E.Ranganayaki Addl. Govt. Pleader for R1, Mr. P.Srinivas Standing Counsel for R2

No interference in construction on government poramboke park land under Town Planning Act without valid basis.

Headnote:Under Sections 47 and 48 of the Tamil Nadu Town and Country Planning Act, public places including parks cannot be altered or used for construction without proper planning permission. Petitioner sought mandamus to prevent alteration of a park for office building, claiming violation of these provisions and lack of approved plans. Court examined revenue records confirming the land as government poramboke belonging to the municipality. Issue framed as whether directions could issue to restrain construction on government poramboke park land. Court observed no basis to interfere given the land's government ownership, rejecting claims under the Act as misconceived. Writ petition dismissed without costs; connected interim application also dismissed.

Table of Content
1. petition seeks to restrain park construction under planning laws. (Para 2)
2. land confirmed as government poramboke via records. (Para 3)
3. petition dismissed as misconceived on government land. (Para 4)

The writ petition has been filed under Article 226 of the Constitution of India seeking direction to second respondent not to alter the Park and construct any building therein for office purpose.

2. Learned counsel for petitioner submits that as per Sections

47 and 48 of the Tamil Nadu Town and Country Planning Act, any public place, including park, cannot be altered or no construction could take place. She further submits that second respondent herein has started construction of the building by digging the foundation/basement bit and trying to construct the building without there being any existing plan as per the Act.

3. On perusal of the revenue records, viz. extract from Town Survey Land Register, it is seen that the land in question is a Government poramboke land belonging to Tambaram Municipality.

4. In view of the aforesaid, we are not inclined to entertain the writ petition and issue direction to respondents not to construct any building over the subject land which is already a government poramboke land. Petition is misconceived and accordingly, it is dismissed. There shall be no order as to costs. Consequently, the interim application is also dismissed.

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