I.Mumtaz Banu v. The Commissioner
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 24.06.2025
CORAM
THE HONOURABLE MRS. JUSTICE J.NISHA BANU AND THE HONOURABLE MR. JUSTICE M.JOTHIRAMAN W.P.No.10756 of 2025 I.Mumtaz Banu, wife of Mr.Mohammed Iqbal No.12, Geils Street, Broadway, Chennai - 600 001 represented by her Power Agent Mr.A.Sameeulla, S/o S.Abdulla No.37, Corporation Dhobi Khana Ishthri Lane, Meenakshi Amman Pet, Royapuram, Chennai - 600 013.
...Petitioner
Vs.
1. The Commissioner, Ribbon Building, Chennai - 600 003.
2. The Assistant Engineer, Div 056
3. The Assistant Executive Engineer, Unit 13,
4. The Executive Engineer, Zone 05,
5. K.M.G. Hasan Abdul Cader S/o K.M.Ghouse Mohammed No.107/52, New Street, Mannady, Chennai - 600 001 ... Respondents Prayer: Writ Petition filed under Article 226 of th Constitution of India seeking to issue a Writ of Mandamus to direct the respondents 2 to 4 to execute the Lock and Seal Notice in Letter No.05/05622/2024 dated 16.07.2024 and to demolish the illegal construction of the Bag Manufacturing Shed belongs to the petitioner at Door No.107/52, New Street, Muthialpet, Chennai - 600 001 For Petitioner : Mr.S.Kishore For Respondents : Mr.S.Gopinath, Standing Counsel for R1 to R4 Mr.A.M.D.Mohamed Salih Hussain for R5
ORDER
(The order of the Court was made by J.Nisha Banu,J.) This Writ Petition has been filed seeking for a direction to the respondents 2 to 4 to execute the Lock and Seal Notice in Letter No.05/05622/2024 dated 16.07.2024 and to demolish the illegal construction of the Bag Manufacturing Shed belongs to the petitioner at Door No.107/52, New Street, Muthialpet, Chennai - 600 001.
2. The case of the petitioner is that the house property situated at Door No.107/52 New Street, Muthialpet, Chennai - 600 001 belongs to I.Mumtaz Banu and she gave power to one Sameeulla on 19.06.2023. In the terrace of the house, one Kahaja @ K.M.G.Hasan Abdul Cader constructed a shed for his bag manufacturing company, without getting approval plan from the Commissioner Corporation. The petitioner sent a representation dated 05.06.2024 to the concerned authorities stating that there is no planning permission and building approval. Despite receiving the same, the respondents 2 to 4 issued Lock and Seal dated 16.07.2024 and did not execute the notice. Hence, the present writ petition.
3. Heard both sides.
4. The learned Standing Counsel appearing for the Chennai Corporation has filed a counter affidavit. It is stated in the counter that despite notice calling for approval plan, the owners or tenants of the subject property has not appeared before the Greater Chennai Corporation, nor any written submission was made. Therefore, the respondent issued Lock & Seal and Demolition Notice on 16.07.2024 and informed the owner of the subject property to restore the land to its condition within 30 days from the date of receipt of the said notice, failing which, lock & seal the premises and to demolish and to restore the land to its condition without any further notice. Since the owner of the building has not
complied with the above said notice, the De-occupation notice was issued on 08.04.2025 under Section 56 Sub-Section 2(A) & 57 read with section 85 of the Tamil Nadu Town and Country Planning Act, 1971 and asked the owner and the tenants to De-occupy the subject premises within 15 days from the receipt of the said notice.
5. From the counter filed by the respondent, it is seen that the owner of the premises is not able to produce any documents to show that the building has been constructed with the planning permission. Therefore, it has to be construed that there is illegal construction in the subject premises. Though the respondent Corporation has taken enforcement action, it has not reached its logical ends. Therefore, the respondent Corporation is directed to take further enforcement action in accordance with law and take it to its logical end within a period of twelve weeks from the date of receipt of a copy of this order. Accordingly, the Writ Petition is disposed of. No costs.
[J.N.B.,J.] [M.J.R.,J.] 24.06.2025 vsi Speaking order/Non-speaking order
To
1. The Commissioner, Ribbon Building, Chennai - 600 003.
2. The Assistant Engineer, Div 056
3. The Assistant Executive Engineer, Unit 13,
4. The Executive Engineer, Zone 05,
J.NISHA BANU,J.
AND M.JOTHIRAMAN,J.
Vsi 24.06.2025