Syed Ambiya v. The Executive Officer,

ORDER

Mr.C.Satheesh, learned Government Advocate takes notice for the first Respondent. Mr.S.S.Madhavan, learned Additional Government Pleader takes notice for the second Respondent. Mr.S.Deenadhayalan, learned Standing Counsel takes notice for the third Respondent.

¶2The petitioner assails the order dated

13.02.2026 issued by the second respondent.

¶3In the said order, the petitioner's application for regularisation of the plot measuring 243 sq. ft., in Survey No.1483/2B3B in patta No.6264, to an extent of 6 cents, situated in 18th ward, now ward No.1, Vadakari Keezha Padakai, Mettukal Road, Sengottai Taluk, Tenkasi district came to be rejected.

4.The subject plot was purchased by the petitioner's vendor through a registered sale deed dated 12.12.2014 and subsequently he conveyed the said plot in favour of the petitioner through a registered sale deed dated 13.10.2021. The petitioner submitted an application with the second respondent for regularisation of the unapproved plot as provided under G.O.Ms.No.70, Housing and Urban Development (Na.vs.4(1)) Department, dated 15.05.2025.

¶5The said G.O.Ms.70 reveals that the Director of Town and Country Planning shall issue necessary instructions to all the local planning authority to ensure that, in respect of plots sold prior to

20.10.2016, building plans approval shall be considered only after the plot is regularised, and that is no deviation for the regularisation condition is permitted. Accordingly, it was ordered that the time limit for submission of applications for regularisation for unapproved layouts and plots under the Tamilnadu Regularisation of unapproved Layouts and Plots Rules, 2017, shall be extended upto

30.06.2026 so as to enable eligible persons to avail the benefit of the scheme.

¶6The scheme is the beneficial scheme and the petitioner's vendor has purchased a plot much prior to the cut off date, that is, 20.10.2016, and the petitioner has step into the shoes of his vendor and therefore, he is entitled for regularisation of un-authorised plot in terms of G.O.Ms.No.70. Therefore the rejection of application of the petitioner citing that

the

petitioner

purchased

un-authorised/unapproved plots after the cut off date is arbitrary and discriminatory.

¶7In such circumstances, the impugned order of the second respondent is not legally sustainable. Therefore, the Writ Petition is allowed. The impugned order dated 13.02.2026, passed by the second respondent is hereby quashed. The second respondent is hereby directed to reconsider the application submitted by the petitioner afresh and pass appropriate orders in accordance with law within a period of eight(8) weeks from the date of receipt of a copy of this order. No Costs. Consequently, connected miscellaneous petitions are closed.

09.04.2026 Internet :Yes/No Index :Yes/No NCC :Yes/No PJL To

¶1The Executive Officer, Town Panchayat, Vadakarai Keezha Padakai, Vadakarai, Sengottai Taluk, Tenkasi District.

¶2The Assistant Director, Department of Town and Country Planning Office, Tirunelveli Road, Kallurani Village, Pavoorchatram, Tenkasi District - 627 808.

¶3The Junior Engineer, Tamil Nadu Generation and Distribution Corporation Limited, Achanputhur, Sengottai Taluk, Tenkasi District. HEMANT CHANDANGOUDAR,J

PJL ORDER IN WP(MD) No.9683 of 2026 Date : 09.04.2026

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 09.04.2026 CORAM THE HONOURABLE MR.JUSTICE HEMANT CHANDANGOUDAR WP(MD)No.9683 of 2026 and W.M.P(MD)Nos.7713 & 7714 of 2026 Syed Ambiya .. Petitioner - Vs. - 1. The Executive Officer, Town Panchayat, Vadakarai Keezha Padakai, Vadakarai, Sengottai Taluk, Tenkasi District. 2. The Assistant Director, Department of Town and Country Planning Office, Tirunelveli Road, Kallurani Village, Pavoorchatram, Tenkasi District - 627 808. 3. The Junior Engineer, Tamil Nadu Generation and Distribution Corporation Limited, Achanputhur, Sengottai Taluk, Tenkasi District. .. Respondents Prayer :Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue a WRIT OF CERTIORARIFIED MANDAMUS, to call far the records pertaining to the impugned order passed by the 2nd respondent in his proceedings in Na.Ka.No. 778/2025 THO.MA2 dated 13.02.2026 and quash the same as illegal and consequently direct the 2nd respondent to regularise the unapproved plot in Survey No. 1483/2B3B in patta No.6264, to an extent of 6 cents, situated in 18th ward, now ward No.1, Vadakari Keezha Padakai, Mettukal Road, Sengottai Taluk, Tenkasi District and consequently direct the 1st respondent to grant the building plan approval as per the regulation of the above said unapproved plot. For Petitioner : Mr.J.Jeyakumaran For R1 : Mr.C.Satheesh Government Advocate For R2 : Mr.S.S.Madhavan Additional Government Pleader For R3 : Mr.S.Deenadhayalan Standing Counsel