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2026 Supreme(Online)(Mad) 49512
IN THE HIGH COURT OF JUDICATURE AT MADRAS
N.Sathish Kumar, M.Jothiraman, JJ
Natarajan – Appellant
Versus
District Collector – Respondent
W.P(MD)No.15518 of 2026|WMP(MD)No.11613 of 2026
For the Appellants/Petitioners: K.Vidya
For the Respondents: C.Jeganathan
The court held that building approval under self-certification schemes like G.O.Ms.No.94 is strictly limited to residential structures within specified square footage limits; constructions exceeding these thresholds or intended for commercial purposes are ineligible for such benefits.
Headnote:The petitioner filed a writ petition challenging the rejection of his building plan approval application under G.O.Ms.No.94, which provides for self-certification for certain residential buildings. The authorities rejected the application, citing that the construction violated the square footage limits and nature of use defined in the order. Upon examination of inspection reports, the Court found that the construction exceeded 6799 square feet across three floors. The central issue was whether the petitioner was entitled to building plan regularisation under G.O.Ms.No.94. The Court determined that the scheme is strictly limited to residential buildings not exceeding 2500 square feet. As the construction did not conform to these parameters, the Court held that the petitioner could not claim the benefit of the government order as a matter of right. The Writ Petition is disposed of with a direction to the respondents to consider a separate pending online application in accordance with the provisions of the Tamil Nadu Town and Country Planning Act, 1971.
| Table of Content |
|---|
| 1. nature of the dispute concerning the denial of building plan approval application. (Para 1 , 2 , 3) |
| 2. court’s evaluation of inspection reports and inapplicability of the self-certification government order. (Para 4 , 5 , 6) |
| 3. direction for departmental consideration of pending applications under the governing statute. (Para 7 , 8) |
PRAYER :- Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus,calling for the records pertaining to the impugned rejection order issued by the 4th Respondent herein in his proceeding in Na.Ka.No.786/2024 A1 dated 30.09.2024 and quash the same as illegal and consequently direct the respondents 2 to 3 to grant building plan approval to the petitioner building situated in Old S.No.262/9, New Survey No. 262/11 at Door No. 14/1 and 14/2, North Madavala Street, S.Kannanur, Samayapuram, Trichy District, by considering the petitioner's online application No.A31L83R8 dated 12.09.2024 and online application No.SWP/BPA/0742743/2025 dated 30.12.2025.
For Petitioner : Ms.K.Vidya
For Respondents : Mr.C.Jeganathan
Counsel for State
ORDER
(Order of the Court was made by N.SATHISH KUMAR, J.)
The petitioner has challenged the rejection order issued by the 4th respondent herein in his proceeding in Na.Ka.No.786/2024 A1 dated 30.09.2024 and quash the same as illegal and consequently direct the respondents 2 to 3 to grant building plan approval to the petitioner's building situated in Old S.No.262/9, New Survey No.262/11 at Door No.14/1 and 14/2, North Madavala Street, S.Kannanur, Samayapuram, Trichy District, by considering the petitioner's online application No.A31L83R8 dated 12.09.2024 and online application No.SWP/BPA/0742743/2025 dated 30.12.2025.
2. It is the contention of the petitioner that he has filed an application for building permission under self certification scheme after completion of the building construction, as per G.O.Ms.No.94, Municipal Administration and Water Supply Department, dated 18.07.2024. However, the same has been rejected by the impugned order on the ground that the building has been constructed for commercial purpose and the construction area is more than 2500 square feet. Hence, this writ petition.
3. Learned counsel for the petitioner would submit that the petitioner has constructed the building as per the plan and the building has not been constructed for commercial purpose.
4. Learned counsel for the State, on instructions, would submit that though the petitioner sought permission to construct the ground floor and first floor to an extent of 2140.78 square feet, on inspection, it is found that the petitioner constructed ground plus three floors totally in an extent of 6799 square feet in violation of the said Government Order. Therefore, the impugned rejection order has been passed.
5. We have perused the reports of the authorities produced by the learned counsel for the State.
6. As per G.O.Ms.No.94, only residential buildings constructed upto the extent of 2500 square feet either the ground floor or ground floor plus first floor alone can be given permission and the said G.O., will not apply to buildings constructed for commercial purposes. The inspection report produced before us clearly indicates that the petitioner's construction is spanning over three floors with an extent of 6799 square feet. Therefore, as a matter of right, the petitioner cannot seek building permission under G.O.Ms.No.94. It is also stated by the learned counsel for the petitioner that the petitioner has filed online application for building permission to the 3rd respondent on 30.12.2025 and it is pending.
7. Let the respondents consider the online application of the petitioner dated 30.12.2025 as per Section 56(3) of the Tamil Nadu Town and Country Planning Act, 1971 and pass an order as per law, within a period of four months from the date of receipt of a copy of this order.
8. With the above direction, the Writ Pet
