w w w . L a w y e r S e r v i c e s . i n



The Nilamangai Nagar Welfare Association, (Rego.No.81/80) Rep. By its Secretary K.Sankararama Sarma, Chennai v/s State of Tamil Nadu, Rep. By its Secretary, Housing and Urban Development (UDSRI) Dept., Chennai & Others


Company & Directors' Information:- HOUSING AND URBAN DEVELOPMENT CORPORATION LIMITED [Active] CIN = U74899DL1970GOI005276

Company & Directors' Information:- HOUSING AND URBAN DEVELOPMENT CORPORATION LIMITED [Active] CIN = L74899DL1970GOI005276

Company & Directors' Information:- S V HOUSING PRIVATE LIMITED [Active] CIN = U70109DL2006PTC150816

Company & Directors' Information:- URBAN DEVELOPMENT CORPORATION PRIVATE LIMITED [Active] CIN = U45400MH2011PTC300616

Company & Directors' Information:- URBAN DEVELOPMENT CORPORATION PRIVATE LIMITED [Active] CIN = U45400WB2011PTC166069

Company & Directors' Information:- V G P HOUSING PRIVATE LIMITED [Active] CIN = U65922TN1972PTC006240

Company & Directors' Information:- E V P HOUSING CHENNAI PRIVATE LIMITED [Active] CIN = U45201TN2005PTC055469

Company & Directors' Information:- B R HOUSING PVT LTD [Active] CIN = U45203WB1995PTC073083

Company & Directors' Information:- G K S HOUSING LIMITED [Amalgamated] CIN = U45201TN1996PLC036147

Company & Directors' Information:- N S T HOUSING DEVELOPMENT PRIVATE LIMITED [Active] CIN = U70109WB2001PTC093885

Company & Directors' Information:- R. J. HOUSING PRIVATE LIMITED [Active] CIN = U45400WB2007PTC114792

Company & Directors' Information:- INDIA HOUSING LIMITED [Active] CIN = U45200PN2008PLC131883

Company & Directors' Information:- R D HOUSING PVT LTD [Active] CIN = U70101WB1996PTC081099

Company & Directors' Information:- G C HOUSING PRIVATE LIMITED [Active] CIN = U45201DL2003PTC122011

Company & Directors' Information:- S K HOUSING DEVELOPMENT COMPANY PVT LTD [Amalgamated] CIN = U45201WB1990PTC048531

Company & Directors' Information:- J. D. HOUSING PRIVATE LIMITED [Active] CIN = U45309PN2016PTC166622

Company & Directors' Information:- A N HOUSING PRIVATE LIMITED [Strike Off] CIN = U45400UP2008PTC035479

Company & Directors' Information:- CHENNAI HOUSING LIMITED [Strike Off] CIN = U45201TN2010PLC076462

Company & Directors' Information:- D L HOUSING PRIVATE LIMITED [Active] CIN = U45400WB2009PTC135703

Company & Directors' Information:- G M K HOUSING PRIVATE LIMITED [Active] CIN = U74899DL1995PTC069486

Company & Directors' Information:- R G HOUSING PRIVATE LIMITED [Active] CIN = U70102UP2012PTC052735

Company & Directors' Information:- B B HOUSING PRIVATE LIMITED [Strike Off] CIN = U70109WB1997PTC084775

Company & Directors' Information:- B S R HOUSING PRIVATE LIMITED [Strike Off] CIN = U70102AP2005PTC048146

Company & Directors' Information:- M. P. HOUSING PRIVATE LIMITED [Strike Off] CIN = U45200UP2007PTC033329

Company & Directors' Information:- S K J HOUSING PRIVATE LIMITED [Active] CIN = U63023WB1999PTC089993

Company & Directors' Information:- S V R HOUSING INDIA PRIVATE LIMITED [Strike Off] CIN = U45200AP2009PTC064511

Company & Directors' Information:- R K HOUSING PRIVATE LIMITED [Active] CIN = U74899DL1988PTC032252

Company & Directors' Information:- J HOUSING PRIVATE LTD [Active] CIN = U74899DL1980PTC010338

Company & Directors' Information:- K P A HOUSING PRIVATE LIMITED [Strike Off] CIN = U45201TN2005PTC055354

Company & Directors' Information:- R K URBAN DEVELOPMENT PRIVATE LIMITED [Strike Off] CIN = U45400MH2011PTC223591

Company & Directors' Information:- V. D. P. HOUSING PRIVATE LIMITED [Active] CIN = U70102UP2012PTC054142

Company & Directors' Information:- AMP URBAN INDIA PRIVATE LIMITED [Active] CIN = U45400WB2011PTC164960

Company & Directors' Information:- G R E HOUSING PRIVATE LIMITED [Active] CIN = U70102AP2008PTC061004

Company & Directors' Information:- G M HOUSING PRIVATE LIMITED [Strike Off] CIN = U99999MH1994PTC076203

Company & Directors' Information:- K K HOUSING PRIVATE LIMITED [Strike Off] CIN = U45200DL2012PTC232532

Company & Directors' Information:- V R HOUSING PRIVATE LIMITED [Strike Off] CIN = U45201AP1998PTC030550

Company & Directors' Information:- A. S. HOUSING PRIVATE LIMITED [Active] CIN = U45209PB2012PTC036226

Company & Directors' Information:- U R HOUSING DEVELOPMENT PRIVATE LIMITED [Active] CIN = U45209PB2012PTC036764

Company & Directors' Information:- S. N. HOUSING PRIVATE LIMITED [Active] CIN = U45400MH2010PTC202407

Company & Directors' Information:- P & M HOUSING PRIVATE LIMITED [Active] CIN = U70102MH2012PTC229509

Company & Directors' Information:- D. H. HOUSING PRIVATE LIMITED [Active] CIN = U70102MH2012PTC237322

Company & Directors' Information:- N K HOUSING PRIVATE LIMITED [Strike Off] CIN = U45200MH2003PTC139304

Company & Directors' Information:- A. B. URBAN DEVELOPMENT PRIVATE LIMITED [Strike Off] CIN = U70100MH2015PTC267677

Company & Directors' Information:- NAGAR CORPORATION PRIVATE LIMITED [Active] CIN = U74900PN2013PTC148356

Company & Directors' Information:- C S R HOUSING PRIVATE LIMITED [Active] CIN = U45400TG2012PTC078681

Company & Directors' Information:- R & S HOUSING DEVELOPMENT PRIVATE LIMITED [Active] CIN = U70102TN2009PTC071067

Company & Directors' Information:- K-HOUSING PRIVATE LIMITED [Strike Off] CIN = U45200TN2009PTC070655

Company & Directors' Information:- L R HOUSING PRIVATE LIMITED [Active] CIN = U70100TG2013PTC089981

Company & Directors' Information:- K N S HOUSING PRIVATE LIMITED [Active] CIN = U45400DL2007PTC167504

Company & Directors' Information:- R C HOUSING PRIVATE LIMITED [Active] CIN = U74899DL1988PTC032258

Company & Directors' Information:- W B HOUSING COMPANY PRIVATE LIMITED [Strike Off] CIN = U70109DL2013PTC250413

Company & Directors' Information:- B G HOUSING PRIVATE LIMITED [Active] CIN = U70101DL2004PTC124095

Company & Directors' Information:- K 4 P ASSOCIATION [Active] CIN = U01407KL2014NPL037090

Company & Directors' Information:- A K Y HOUSING PRIVATE LIMITED [Strike Off] CIN = U45400TG2007PTC056210

Company & Directors' Information:- M K Y HOUSING PRIVATE LIMITED [Strike Off] CIN = U45400TG2008PTC059752

Company & Directors' Information:- G M R HOUSING PRIVATE LIMITED [Under Process of Striking Off] CIN = U70102TG2002PTC038792

Company & Directors' Information:- THE HOUSING CORPORATION LIMITED [Dissolved] CIN = U99999MH1946PLC010719

Company & Directors' Information:- A D V DEVELOPMENT ASSOCIATION [Active] CIN = U01407DL1980NPL010291

Company & Directors' Information:- J. B. NAGAR WELFARE ASSOCIATION [Active] CIN = U74999MH2019NPL328717

    W.P. No. 24582 of 2013

    Decided On, 28 January 2020

    At, High Court of Judicature at Madras

    By, THE HONOURABLE MR. JUSTICE T.S. SIVAGNANAM

    For the Petitioner: N.S. Nandakumar, Advocate. For the Respondents: R1, M.D. Ilayaraja, GA, R2, P.S. Ganesh, Standing Counsel, R3 & R4, Ms. Karthikaa Ashok, R5 & R6, AR. L. Sundaresan, SC for K.K. Muralitharan, Advocates.



Judgment Text


(Prayer: Writ Petition filed under Article 226 of the Constitution of India seeking a writ of certiorarified mandamus to call for the records of impugned G.O.Ms.No.24, dated 08.01.1991, on the file of the first respondent and quash the same and consequently direct the respondents 1 to 4 to maintain the site earmarked in the approved layout No.10/75 situated in for Nursery School purpose only.)

1. Heard Mr.N.S.Nandakumar, learned counsel for the petitioner, Mr.M.D.Ilayaraja, learned Government Advocate for the first respondent, Mr.P.S.Ganesh, learned Standing Counsel for the second respondent, Ms.Karthikaa Ashok, learned counsel for the respondents 3 and 4 and Mr.AR.L.Sundaresan, learned Senior counsel, for Mr.K.K.Muralitharan, learned counsel for the respondents 5 and 6.

2. The petitioner seeks for issuance of a writ of certiorari to quash the Government Order passed in G.O.Ms.No.24, Housing and Urban Development (U.D.SPL.) Department, dated 08.01.1991, and to maintain the site earmarked in the approved layout No.10/75, as a site exclusively meant for Nursery School.

3. The case of the petitioner association is that they are a residents welfare association registered under the Registrar of Societies Act. The petitioner states that the layout was prepared in Survey Nos.253/2, 3 & 4 at Adambakkam Village, Saidapet Taluk, Alandur Municipality, and it was approved by the second respondent vide order dated 19.11.1975 and the layout is consisted of 20 house sites and an extent of 5561 sq.ft. was earmarked for Nursery School in Survey No.253/4. The grievance of the petitioner is that the owner of the plot one Mr.S.Devarajulu appointed one Dr.M.S.Sabhapathi as Power Agent, who, in turn, had sold the property in favour of his sons, namely, respondents 5 and 6, by sale deed dated 18.03.1986 registered as Document No.79/1986 on the file of the Sub Registrar, Alandur.

4. It is further submitted that an application was made to the second respondent through the Commissioner of Alandur Municipality for conversion of the Nursery School site into residential plots. This request was forwarded by the Commissioner of Alandur Municipality to the second respondent by letter dated 26.10.1987. The second respondent, by proceedings dated 29.07.1988, rejected the request and returned the papers stating that the site under reference should be retained as institutional as per the approved layout No.10/75. Aggrieved by the same, the respondents 5 and 6 have preferred an appeal to the Government under Section 79 of the Town and Country Planning Act, 1971. The Government referred the matter to a Committee constituted for such purpose, who examined the same and found that the site has been lying vacant since 1975 and there was no demand for nursery school and also noted that there are many schools in the neighborhood and therefore, accepted the recommendation of the Appeal Committee and the Government, by G.O.Ms.No.24, Housing and Urban Development (U.D.SPL.) Department, dated 08.01.1991, had granted permission to reclassify as primary residential use from institutional use and the planning permission was directed to be issued by the second respondent for construction of the house in the said site. After about 19 years, the petitioner had given a representation dated 30.08.2010 stating that such change of classification should not be made. Since the said representation was not considered, the petitioner filed a Writ Petition in W.P.No.2873 of 2012, which was dismissed by order dated 15.03.2012 by holding that the prayer for issuance of a writ of mandamus cannot be granted, since the conversion of the classification is done in the year 1991 and the same has not been challenged. Aggrieved by the same, the petitioner preferred an appeal before the Division Bench in W.A.No.1765 of 2012 and the Division Bench, by judgment dated 12.09.2012, dismissed the writ appeal and it is thereafter the present writ petition has been filed.

5. Firstly, it has to be seen as to whether the petitioner has locusstandi to challenge the impugned Government Order. Admittedly, none of the members of the petitioner association are stated to be owners of any one of the 20 plots developed in the said layout, which was approved on 19.11.1975. The petitioner is Nilamangai Nagar Welfare Association, which is not where 20 plots have been developed. Therefore, the petitioner cannot be stated to be an aggrieved person and have no locus-standi to challenge the impugned order. This is more so because the reclassification has been done from institutional use to primary residential use. Assuming the classification is held to be bad in law, all that can happen is the land will revert back to institutional use and the petitioner association nor any of its members can claim right to the said land nor have access to their land, because, it is not a public place. In fact, from the representation, it is seen that the petitioner association want the land to be declared as a public place, which cannot be done nor there was any prayer made to the authorities.

6. That apart, the petitioner association cannot maintain any such prayer as they have no locus standi as they are all members who purchased the plots in some other layout. Besides, the reclassification has been done in the year 1991 and there was no reasonable explanation given by the petitioner in approaching the authorities after a lapse of 19 years i.e. in the year 2010. Even before this Court, in the earlier writ petition filed by the petitioner, no relief was granted and the Division Bench confirmed the order passed in the writ petition. Considering all these facts, the present attempt of the petitioner association is a futile attempt and cannot be entertained.

7. It is noteworthy to reiterate that had the site been a public place, the position would have been different. In the instant case, the land was for institutional use which have been converted as primary residential use. Therefore, the petitioner association can h

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ave no locus standi to question the reclassification. The petitioner cannot also raise any contention that on account of reclassification, the buildings would be put up, etc., because, even if it is to be retained as institutional use, buildings have to be constructed. Therefore, at no point of time, the petitioner can claim that the land has to be maintained as open space and public place, when the original classification itself was not a public place, but, an institutional use. 8. Thus, for all the reasons stated above, the petitioner has not made out any ground to interfere with the impugned order. Therefore, the writ petition stands dismissed. No Costs.
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