Case Note & Summary
The petitioners in two writ petitions challenged stop notices dated 27.05.2024 issued by the Commissioner, Vaniyambadi Municipality, contending that they were constructing buildings on agricultural land and were entitled to planning permission from the Director of Town and Country Planning. The notices, bearing numbers 0001/2024/F1 and 0002/2024/F1, were issued after inspection, stating that the buildings under construction were wholly unauthorised as no building plan permission had been obtained from the competent municipal authority. The petitioners sought a writ of certiorarified mandamus to quash the notices and direct the grant of planning permission. The fourth respondent was later impleaded by order dated 14.11.2024. The Court, in a common order, found that the petitioners’ construction activity was in clear violation of the requirement to obtain prior building plan approval under applicable municipal and town planning laws. Consequently, the stop notices were held valid and the writ petitions were dismissed. The judgment underscores the mandatory nature of building plan approvals and the lack of right to continue unauthorised construction.
Issue of Consideration
W.P.Nos.17699 & 17702 of 2024
Case Details
2025 LawText (MAD) (02) 157
W.P.Nos.17699 & 17702 of 2024
S.M.Subramaniam, K.Rajasekar
R.T.Sundari, P.Srinivas, T.Chandrasekaran, G.Nicul Anand
The Commissioner, Vaniyambadi Municipality, Director Town and Country Planning, Secretary to Government, Town and Country Planning, G.B.Nanda Kumar
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Nature of Litigation
Writ petitions under Article 226 of the Constitution challenging stop notices issued by the Municipality and seeking direction for granting planning permission.
Remedy Sought
Quashing of impugned communication letters dated 27.05.2024 and direction to the Director Town and Country Planning to grant planning permission for the respective properties.
Filing Reason
The petitioners were constructing buildings without building plan approval; the Commissioner issued stop notices after inspection.
Previous Decisions
Order dated 14.11.2024 impleading the fourth respondent.
Judgment Excerpts
The writ petitioners are constructing buildings without obtaining building plan permission from the competent Municipal Authority. The buildings under construction are wholly unauthorised.
Procedural History
The writ petitions were filed under Article 226 of the Constitution challenging the stop notices dated 27.05.2024. The fourth respondent was impleaded as per order dated 14.11.2024. The court heard arguments and delivered a common order.
