2026 Supreme(Online)(Mad) 110430
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Honourable Mr.Justice HEMANT CHANDANGOUDAR
THE DIRECTOR – Appellant
Versus
THE STATE OF TAMILNADU – Respondent
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IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 18.09.2026 CORAM THE HONOURABLE MR.JUSTICE HEMANT CHANDANGOUDAR and WMP.Nos.47712 & 47716 of 2025 CNR:{HCMA012656852025}
The Director COHAJ Hospital SAT Unit Kameswaram 611 110 Thirupoondi Via Nagapattinam District.
Petitioner(s)
Vs.
1. The State of Tamil Nadu Rep By Its Principal Secretary Department of Housing And Urban Development Fort St. George, Chennai 600 009.
2.The Principal Secretary The Government of Tamil Nadu Department of Municipal Administration and Water Supply Fort St. George Chennai 600 009.
3.The Commissioner of Municipal Administration No,3 MRC Naga, Raja Annmalaipuram, Chennai 600 028.
##PAGE2##4.The Director of Town and Country Planning DIRECTORATE OF TOWN AND COUNTRY PLANNING OPPOSITE TO LIC. CHENGALVARAYAN BUILDING 4TH FLOOR 807 ANNA SALAI CHENNAI
600 002.
5.The Deputy Director of Town and Country Planning Tanjore Region No 33, Rajappa Nagar
4th Street Medical College Road, Tanjore 613 001.
6.The Deputy Director of Town and Country Planning Velligpalayam, Nagapattinam Nh -45A Nagapattinam 611 001.
7.The Block Development Officer Keezhaiyur Block Kilvelur Taluk Nagapattinam District.
8.The Executive Officer Kameswaram Thirupoondi East Panchayat Nagapattinam District 611 110.
Respondent(s)
Prayer: This Writ Petition has been filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, calling for the records relating to the impugned order issued by the 6th respondent vide letter in Na.Ka.No.1087/2023 Nama2 dated 30.09.2025 (as signed), quash the same and further direct the respondents to give technical approval to Laboratory building and Building plan approval to Laboratory building and building plan approval to the proposed hostel building for the SAT School of Nursing run by the petitioner.
##PAGE3##For Petitioner : Mr.H.Mary Sowmi Rexi For Respondents : Mr.S.Sidhartha Vishnu Government Advocate
ORDER
The petitioner has challenged the proceedings dated 30.09.2025 issued by the sixth respondent, rejecting the petitioner’s application for approval of the building plan for the hospital building and the existing hospital buildings situated in Re-Survey Nos.28/6A and 28/6C.
2. The petitioner states that the hospital building was constructed pursuant to the plan approval dated 28.03.2007. Thereafter, a cottage known as “St. Anne’s Cottage” (Guest House) was constructed pursuant to the plan approval dated 20.02.2009. It is further stated that plan approval was granted by the Government on 28.06.2010 and that the aforesaid buildings were constructed before 01.11.2011. A multi-purpose hall known as “Carla Hall” was also constructed for conducting skill-oriented programmes, pursuant to the approval granted by the Competent Authority on 30.03.2012. In 2013, another building was constructed, which was subsequently converted into a laboratory in 2018 with the approval of the Panchayat.
##PAGE4##3. The respondents, however, contend that the buildings constructed after
2011 were put up only with the approval of the concerned Panchayat and without obtaining the concurrence of the Competent Authority under the Tamil Nadu Town and Country Planning Act, particularly under Section 47-A of the Act. According to the respondents, such constructions are therefore unauthorised.
4. The petitioner had earlier approached this Court in W.P.No.9081 of
2023 challenging the order directing demolition of the building constructed after 2011 and seeking consideration of the application for approval of the hostel building.
5. By order dated 02.11.2023, the Division Bench permitted the petitioner to submit a revised building plan for approval of the proposed hostel building. The respondents were directed to consider the revised plan without insisting upon demolition of the Canteen, Laboratory and Recovery Room, subject to their being satisfied that those constructions had been made prior to 2011.
Pursuant thereto, the impugned order came to be passed.
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