Mrs.Nusrath Abidha, v. The Commissioner And Secretary To Government,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 30.04.2026 CORAM :
THE HONOURABLE MR. SUSHRUT ARVIND DHARMADHIKARI, CHIEF JUSTICE AND THE HONOURABLE MR.JUSTICE G.ARUL MURUGAN and W.M.P.Nos.15218 and 15221 of 2026 1.Nusrath Abidha, D/o.Hameed Sultan, Flat No.1, Ground Floor, "Golden Apartments", Old No.16, New No.33, Rajamannar Street, T.Nagar, Chennai - 600 017.
2.Thirunavukarasu S/o.Ranganathan, Flat No.1, Second Floor, "Golden Apartments", Old No.16, New No.33, Rajamannar Street, T.Nagar, Chennai - 600 017.
3.Vijayalakshimi W/o.Krishnamurthy alias Kasthuri Raja Flat No.2, Second Floor, "Golden Apartments", Old No.16, New No.33, Rajamannar Street, T.Nagar, Chennai - 600 017.
Petitioners
Vs 1.The Commissioner and Secretary to Government, Housing and Urban Development Department, Secretariat, Chennai.
2.The Commissioner, Greater Chennai Corporation, Rippon Building, Chennai - 600 003.
3.The Executive Engineer, Greater Chennai Corporation, Rippon Building, Chennai - 600 003.
4.The Assistant Engineer, Division-133, Thyagaraya Nagar, Chennai - 600 017.
Respondent(s) PRAYER : Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of mandamus directing the 1st respondent herein to dispose of the statutory appeal dated 16.03.2026 filed by petitioners under Section 80-A of the Tamilnadu Town and Country Planning Act, 1971 challenging the aforesaid notice No. IV/N10/N133/00003/2026 dated 02.03.2026 issued by 3rd and 4th respondents herein, till such time forbearing the 2nd, 3rd and 4th respondents from taking any coercive action, including demolition, sealing or locking of the petition's premises pursuant to the above said notice dated 02.03.2026 pending disposal of the appeal filed under Section 80-A of the Tamil Nadu Town and Country Planning Act, 1971. For Petitioners:
Mr.S.Haja Mohideen Gisthi For Respondents:
Mr.S.Santosh for R2 to R4
ORDER
(Order of the Court was made by the Hon'ble Chief Justice) Heard.
2. This writ petition has been filed by the petitioners under Article 226 of the Constitution of India seeking direction to the first respondent to dispose of the appeal/revision petition filed under Section 80-A of the Tamil Nadu Town and Country Planning Act, 1971 against the notice dated 2.3.2026 issued by respondent Nos.3 and 4.
3. This Court, vide order dated 18.08.2025 in W.P.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."
4. This writ petition stands disposed of on similar lines.
5. We direct the revisional authority to decide the application for stay, if any, 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. There will be no order as to costs. Consequently, W.M.P.No.15221 of 2026 is closed. W.M.P.No.15218 of 2026 filed to permit the petitioners to join together and file a single writ petition is allowed, subject to payment of separate court-fee, within a period of two weeks from today.
(SUSHRUT ARVIND DHARMADHIKARI, CJ) (G.ARUL MURUGAN,J) 30.04.2026 Index :
Yes/No :
Yes/No bbr
To:
1.The Commissioner and Secretary to Government, Housing and Urban Development Department, Secretariat, Chennai.
2.The Commissioner, Greater Chennai Corporation, Rippon Building, Chennai - 600 003.
3.The Executive Engineer, Greater Chennai Corporation, Rippon Building, Chennai - 600 003.
4.The Assistant Engineer, Division-133, Thyagaraya Nagar, Chennai - 600 017.
THE HON'BLE CHIEF JUSTICE AND G.ARUL MURUGAN, J.
bbr 30.04.2026