Case Note & Summary
The writ petition was filed by S.K.S. Resorts India Private Limited, the owner of 1.7 acres of land in Hullathi Panchayat, The Nilgiris District. The petitioner had obtained building plan approval and constructed 14 structures intended for use as a commercial resort. However, the Hullathi Panchayat issued a series of notices beginning on 10.10.2017, calling for records relating to the use of the building. Subsequent notices dated 18.01.2022 and 19.07.2022 stated that the building plan approval had been granted only for residential purpose, and therefore the premises could not be used for commercial activity. A lock and seal notice followed on 28.09.2022, and on 15.10.2022, the Panchayat locked and sealed all 14 buildings. The petitioner filed a revision under Section 80-A of the Tamil Nadu Town and Country Planning Act against the lock and seal action. That revision was allowed by the Government, granting the petitioner permission to carry out rectifications and obtain a revised approval. Despite this, the second respondent (District Collector, The Nilgiris) passed an order dated 24.12.2024, and the fourth respondent (Block Development Officer, Hullathi Village Panchayat) issued a consequential notice dated 08.01.2025. Aggrieved by these actions, the petitioner invoked the extraordinary writ jurisdiction of the High Court under Article 226 of the Constitution of India, seeking a writ of certiorari to quash the impugned order and notice as wholly illegal and without jurisdiction. The case came before a Division Bench. No arguments or final decision are recorded in the available extract; the proceeding appears to have been at an interlocutory stage, with the Court setting out the background facts. The core dispute centers on the nature of the building plan approval and the authority of the respondents to prohibit commercial use after the Government had granted revision. The full judgment would have addressed these issues, but the present snippet does not contain the Court's analysis or final order.
Issue of Consideration
Whether the order dated 24.12.2024 passed by the District Collector and the notice dated 08.01.2025 issued by the Block Development Officer are illegal and without jurisdiction
Case Details
2025 LawText (MAD) (03) 75
S.M. Subramaniam, K. Rajasekar
Mr. V. Raghavachari (Senior Counsel for Petitioner), Mr. T. Chandrasekaran (Special Government Pleader for Respondents)
S.K.S. Resorts India Private Limited
1. The State of Tamil Nadu, 2. The District Collector, The Nilgiris, 3. The Commissioner, Town and Country Planning, 4. The Block Development Officer (V.Pts.), Hullathi Village Panchayat, 5. The Building Plan Approval Committee, 6. The Committee for Architectural and Aesthetic Aspects (AAA), 7. The President, Hullathy Panchayat Union
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Nature of Litigation
Challenge to administrative orders through writ of certiorari under Article 226 of the Constitution of India.
Remedy Sought
Petitioner seeks quashing of the order dated 24.12.2024 passed by the District Collector and the notice dated 08.01.2025 issued by the Block Development Officer as wholly illegal and without jurisdiction.
Filing Reason
The Hullathi Panchayat locked and sealed the resort buildings, asserting that the building plan approval had been granted only for residential purpose, even though the Government had allowed a revision under Section 80-A granting permission to rectify and obtain revised approval.
Previous Decisions
The Government had allowed a revision under Section 80-A of the Tamil Nadu Town and Country Planning Act, granting the petitioner permission to carry out rectifications and obtain a revised approval (date not specified).
Issues
Validity of the District Collector's order dated 24.12.2024 and the Block Development Officer's notice dated 08.01.2025
Whether the impugned order and notice are illegal and without jurisdiction
Judgment Excerpts
Aggrieved by the order dated 24.12.2024 passed by the District Collector, The Nilgiris and the notice issued by the Special Officer/Block Development Officer, Hullathi Village Panchayat, Udhagai Block, The Nilgiris District, the present writ petition came to be instituted.
The revision was allowed by the Government granting permission to the petitioner to carry out the rectifications and obtain revised approval.
Procedural History
Hullathi Panchayat issued a notice on 10.10.2017 calling for records on the use of the building as commercial space. A second notice was issued on 18.01.2022, followed by a third notice on 19.07.2022 stating that the building plan approval was only for residential purpose. A lock and seal notice was issued on 28.09.2022, and on 15.10.2022 all 14 buildings were locked and sealed. The petitioner preferred a revision under Section 80-A of the Tamil Nadu Town and Country Planning Act, which was allowed by the Government. Thereafter, the District Collector passed the order dated 24.12.2024, and the Block Development Officer issued the notice dated 08.01.2025. The petitioner then filed the present writ petition.
Acts & Sections
- Tamil Nadu Town and Country Planning Act: 80-A
- Constitution of India: 226
