P.Eeniammal v. The Additional Secretary

O R D E R The present Writ Petition has been filed seeking a Mandamus directing the third respondent to issue "No Objection Certificate" for putting up construction in a wet land, based upon the petitioner's representation dated

19.11.2025.

¶2The petitioner has obtained building plan approval from the local authority. However, the competent authority to issue building plan approval is the second respondent. The second respondent has rejected the request of the petitioner for building plan approval and the petitioner has preferred an appeal before the first respondent under Section 79 of the Tamil Nadu Town and Country Planning Act, and the said appeal is pending.

¶3In a Public Interest Litigation which was filed as against the writ petitioner, it has been pointed out that the writ petitioner has to obtain No Objection Certificate from the concerned District Collector for putting up construction in a wet land. In order to comply with the said condition, the petitioner has given a representation to the third respondent herein on

19.11.2025. Since the same has not been considered, the present Writ Petition has been filed.

¶4Considering the above said facts, the third respondent herein is directed to consider the representation of the petitioner dated 19.11.2025 and pass orders on or before 31.12.2025.

¶5With the above said observation, this Writ Petition stands disposed of. There shall be no order as to costs.

03.12.2025 NCC : Yes/No

Index : Yes / No Internet : Yes / No ebsi To

¶1The Additional Secretary, Housing and Urban Development Department, Secretariat, Chennai.

¶2The Director, Town and Country Planning Department, E&C Market Road, Koyambedu, Chennai.

¶3The District Collector, Tirunelveli District, Tirunelveli.

¶4The Joint Director, Town and Country Planning Department, South Bypass Road, Tirunelveli. R.VIJAYAKUMAR,J. ebsi W.P(MD)No.34967 of 2025

03.12.2025

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.12.2025 CORAM: THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR W.P(MD)No.34967 of 2025 P.Eeniammal ...Petitioner Vs 1. The Additional Secretary, Housing and Urban Development Department, Secretariat, Chennai. 2. The Director, Town and Country Planning Department, E&C Market Road, Koyambedu, Chennai. 3. The District Collector, Tirunelveli District, Tirunelveli. 4. The Joint Director, Town and Country Planning Department, South Bypass Road, Tirunelveli. ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the 3rd respondent to issue prior concurrence / No objection / inevitability certificate in pursuance to the petitioner's application dated 19.11.2025 under section 47(A) of the Tamil Nadu Town and Country Planning Act 1971 so as to enable the petitioner to prosecute her appeal dated 27.09.2025 filed under section 79 of the said Act pending before the 1st respondent in connection with the property in Survey No.863/3B, Naranammalpuram Village Part-I, Tirunelveli District as expeditiously as possible within the time stipulation as prescribed by this Court. For Petitioner : Mr.R.Anand For Respondents : Mr.B.Saravanan Additional Government Pleader