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
| 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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