State Bank Of India v. The Principal Secretary To Government
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 28.03.2025
CORAM
THE HON'BLE MR. JUSTICE S. M. SUBRAMANIAM AND THE HON'BLE MR. JUSTICE K. RAJASEKAR Writ Petition No.11698 of 2025 and Writ Miscellaneous Petition No.13242 of 2025 State Bank of India, No.48, Natwest Vijay Block-IV, Tambaram Main Road, Pallikaranai, Chennai - 600 100 Represented by its Branch Manager ... Petitioner Vs.
1.The Principal Secretary to Government, Housing and Urban Development Department, Secretariat, Chennai - 600 009.
2.The Assistant Planner, South-II, EC, CMDA, No.1, Gandhi Irwin Road, Egmore, Chennai - 600 008.
3.Mrs.T.Gayathri ... Respondents 1/6
Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus to direct the second respondent to de-seal the lock of the petitioner's premises effected in terms of lock and seal order dated 25.03.2025 forthwith pending the disposal of representation dated 26.03.2025 made to the first respondent in so far as the petitioner bank is concerned. For Petitioner : Mr.M.L.Ganesh For R1 : Mrs.E.RangaNayaki Additional Government Pleader For R2 : Mr.Akhil Akbar Ali, Standing Counsel for CMDA
ORDER
(Order of the Court was made by S.M.SUBRAMANIAM,J.) The writ of Mandamus has been instituted to direct the second respondent to de-seal the lock of the petitioner's premises effected in terms of lock and seal order dated 25.03.2025 forthwith pending disposal of the representation dated 26.03.2025.
2. It is not in dispute that the residential building has been occupied by the petitioner, State Bank of India for running commercial establishment, which is impermissible. Actions were already initiated by the respondents and building 2/6
was locked and sealed in respect of other occupants also. However, the learned counsel for the petitioner would submit that banking transactions will get affected, on account of locking and sealing of the property and the Bank require some more time to look for an alternate accommodation to continue the banking transactions. That apart, a revision under Section 80-A of the Tamil Nadu Town and Country Planning Act, 1971 also has been filed by the Bank and the owner.
3. The learned Standing Counsel for the CMDA would submit that in view of the fact that the owner filed a revision before the Government, the building was de-sealed and the petitioner, State Bank of India was allowed to continue their banking transactions in the premises. Even then, if it is not de-sealed then the CMDA is directed to de-seal the premises forthwith.
4. Mr.M.L.Ganesh, learned counsel for the petitioner would submit that the Bank will take all necessary steps and shift the branch in any other place within a period of three months from today i.e., 28.03.2025.
5. In view of the said undertaking, this Court is inclined to direct the CMDA to de-seal the premises. As far as revision filed under Section 80-A of 3/6
the Tamil Nadu Town and Country Planning Act is concerned, the first respondent is directed to conduct an enquiry, by affording opportunity to all the parties and dispose of the revision petition within a period of three months from the date of receipt of a copy of this order. After the disposal of the revision petition by the Government, all further enforcement action is directed to be continued by following the procedures.
5. The writ petition stands disposed of. There shall be no order as to costs. Consequently, the connected miscellaneous petition also stands closed. (S.M.S., J.) (K.R.S., J.) 28.03.2025 (1/2) ssi Index: Yes Speaking Order: Yes/No 4/6
To:
1.The Principal Secretary to Government, Housing and Urban Development Department, Secretariat, Chennai - 600 009.
2.The Assistant Planner, South-II, EC, CMDA, No.1, Gandhi Irwin Road, Egmore, Chennai - 600 008.
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S. M. SUBRAMANIAM., J.
AND K. RAJASEKAR., J.
ssi 28.03.2025 (1/2) 6/6