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2026 Supreme(Online)(Mad) 40797
IN THE HIGH COURT OF JUDICATURE AT MADRAS
HEMANT CHANDANGOUDAR, J
N. Elayalwar – Appellant
Versus
The Director, Directorate of Town and Country Planning, Chennai – Respondent
W.P.(MD)No.16158 of 2025
For the Appellants/Petitioners: Mr.M.Arikaran
For the Respondents: Mr.P.Subbaraj
When coordinate Bench grants relaxation for regularization of unapproved layouts in similar road width cases, the authority must reconsider identical petitions applying same relaxation within specified time.
Headnote:(A) Writ jurisdiction - Article 226 of Constitution - Unapproved layout regularization - Rule 17 of the Tamilnadu Regularisation of Unapproved Layouts and Plots Rules, 2017 - Impugned order rejecting appeal on ground of road width being less than 3.6 metres - Relaxation of conditions granted in similar cases by coordinate Bench vide order dated 01.08.2025 in W.P(MD)No.20983/2025.
| Table of Content |
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| 1. petitioner's layout regularization appeal rejected due to road width below 3.6 meters. (Para 1 , 2) |
| 2. coordinate bench directs reconsideration applying relaxation from identical government orders. (Para 4 , 5) |
ORDER
The petitioner's application for regularisation of unapproved lay out came to be rejected vide communication dated 30.04.2024. Rejection of the petitioner's application was on the ground that the width of the road providing access to the unapproved lay out is less than 3.6 metres.
2. The petitioner filed an appeal under Rule 17 of the Tamilnadu Regularisation of Unapproved Layouts and Plots Rules, 2017, before the first respondent. However, the first respondent dismissed the appeal.
Hence, this petition.
3. Heard the learned counsel appearing on either side.
4. Learned counsel for the petitioner submitted that in identical circumstances, the first respondent has relaxed the condition and approved the unauthorised lay out. He drew attention to the following Government Orders.
5. Placing reliance on the said Government Orders, the coordinate Bench of this Court in W.P(MD)No.20983/2025 dated 01.08.2025 has directed the first respondent therein to reconsider the prayer of the petitioner therein and pass appropriate orders in light of the relaxation given to the aforementioned persons, therefore this petition is also required to be disposed of in terms of the aforesaid order.
6. Accordingly, the impugned order dated 19.02.2025 passed by the
1st respondent is hereby set aside. The first respondent is directed to reconsider the appeal of the petitioner and pass appropriate orders in light of the relaxation given to the aforementioned persons within a period of eight (8) weeks from the date of receipt of a copy of this order.
7. There shall be no order as to costs.
