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Madras High CourtWP/11930/2026disposed of

L.Somu v. The Additional (Technical) Secretary To Government Of Tamilnadu

2026-03-25Honourable The Chief Justice,Honourable Mr.Justice G.Arul Murugan6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 25.03.2026

CORAM

THE HON'BLE MR.SUSHRUT ARVIND DHARMADHIKARI, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE G.ARUL MURUGAN 1.L.Somu No.37, Anjugammal Street, Thanthai Periyar Nagar, Taramani, Chennai 600 113 2.S.Mavatha, No.37, Anjugammal Street, Thanthai Periyar Nagar, Taramani, Chennai - 600 113.

Petitioners Vs

1. The Additional (Technical) Secretary to Government of Tamil Nadu Housing and Urban Development Department, Fort St. George, Chennai 600 009 2.The Managing Director, Tamil Nadu Urban Habitat Development Board, Formerly known as Tamil Nadu Slum Clearance Board, Kamarajar Salai, Chennai 600 002.

3.The Commissioner, Greater Chennai Corporation, Ripon Building, Chennai 600 001 4.The Regional Deputy Commissioner (South), Greater Chennai Corporation, No.115, Dr.Muthulakshmi Salai, Adyar, Chennai 600 020.

5.The Assistant Commissioner/ D.R.O.

Zone - XIII, Greater Chennai Corporation, No.115, Dr.Muthulakshmi Salai, Adyar, Chennai 600 020.

Respondents Prayer: Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing the 1st respondent to pass orders on the stay application filed in appeal under section 80-A of the Tamil Nadu Town and Country Planning act 1971, dated 20.03.2026 against the order dated 11.03.2026 issued by the 4th respondent for lock and seal of the residential building situate at plot No. 100 and 100A bearing Door No. 37, Anjugammal Street, Thanthai Periyar Nagar, Taramani, Chennai - 600113, within a stipulated time.

For Petitioners : Mr. C.Prabakaran For Respondents : Mr. M.Habeeb Rahman Government Advocate For the first respondent Ms.K.Indumathy Venkatesh For the second respondent Mr.D.B.R.Prabhu Standing Counsel For respondents 3 to 5

ORDER

(Order of the Court was made by the Hon'ble Chief Justice) This petition filed under Article 226 of the Constitution of India seeks a Writ of Mandamus directing the 1st respondent to pass orders on the stay application filed in appeal, under section 80-A of the Tamil Nadu Town and Country Planning Act 1971, against the lock and seal order passed by the fourth respondent.

2. This Court, vide order dated 18.08.2025 in WP No.31046 of 2025 (D.Ezhil Maran vs. The Secretary, Housing and Urban Development Dept) had dealt with similar prayer and disposed of the said writ petition with the following observations and directions: "3. This Court is flooded with similar cases where revision petitions are being filed along with stay applications and due to delay in considering the prayer for stay, proceedings are being drawn for lock and seal of the premises.

4. Where a revision petition is filed along with an application for stay, the revisional authority must decide the application for stay within a period of three weeks from the date of filing of the stay application. Further, we are of the view that, at least for three weeks, till the stay application is decided one way or the other, coercive steps should not be adopted by the local body even without waiting for a decision on the stay application.

5. We direct the revisional authority to decide the application for stay within a period of three weeks from today. The petitioner shall not seek any adjournment on the date fixed by the revisional authority for consideration of the stay application. A copy of this order shall be placed by the petitioner before the revisional authority within five days. Coercive action shall not be taken for a period of three weeks by the Corporation. If the order passed by us today is not placed before the revisional authority within a period of five days from today, the protective umbrella given shall lose

its efficacy."

3. This writ petition stands disposed of on similar lines.

4. We direct the revisional authority to decide the application for stay within a period of three weeks from today. The petitioners shall not seek any adjournment on the date fixed by the revisional authority for consideration of the stay application. A copy of this order shall be placed by the petitioners before the revisional authority within five days. Coercive action shall not be taken for a period of three weeks by the Corporation. If the order passed by us today is not placed before the revisional authority within a period of five days from today, the protective umbrella given shall lose its efficacy.

5. There will be no order as to costs. Consequently, WMP No.13018 of 2026 is closed. WMP No.13017 of 2026 filed to allow the petitioners to file a single writ petition is allowed and disposed of. (SUSHRUT ARVIND DHARMADHIKARI, CJ.) (G.ARUL MURUGAN, J.) 25.03.2026 Index : Yes/No : Yes/No tar

To

1. The Additional (Technical) Secretary to Government of Tamil Nadu Housing and Urban Development Department, Fort St. George, Chennai 600 009 2.The Managing Director, Tamil Nadu Urban Habitat Development Board, Formerly known as Tamil Nadu Slum Clearance Board, Kamarajar Salai, Chennai 600 002.

3.The Commissioner, Greater Chennai Corporation, Ripon Building, Chennai 600 001 4.The Regional Deputy Commissioner (South), Greater Chennai Corporation, No.115, Dr.Muthulakshmi Salai, Adyar, Chennai 600 020. 5.The Assistant Commissioner/ D.R.O.

Zone - XIII, Greater Chennai Corporation, No.115, Dr.Muthulakshmi Salai, Adyar, Chennai 600 020.

THE HON'BLE CHIEF JUSTICE AND G.ARUL MURUGAN , J.

(tar) 25.03.2026