Madras High CourtWP/18889/2025disposed of

Brinda Murthy v. The State Of Tamil Nadu

2025-05-21Honourable Mr Justice G. R. Swaminathan,Honourable Mr Justice V. Lakshminarayanan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21.05.2025 CORAM :

THE HONOURABLE MR. JUSTICE G.R.SWAMINATHAN and THE HONOURABLE MR. JUSTICE V.LAKSHMINARAYANAN and W.M.P.Nos.21156 and 21158 of 2025 Brinda Murthy ... Petitioner Vs.

1.The State of Tamil Nadu Rep. by its Additional Secretary (Technical) Housing and Urban Development Department Secretariat, Chennai 600 009 2.The Commissioner Coimbatore Corporation Town Hall Road Coimbatore 641 001 ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned order bearing Letter No.9979805/UD-4 (L.Re.2)/2025-2, dated 22.04.2025 on the file of the

1st respondent herein, quash the same and consequently to direct the 2nd respondent to de-seal the premises so as to permit the petitioner to run the weigh bridge.

For Petitioner : Mr.S.Siva Shanmugam For Respondents : Mrs.R.L.Karthika Government Advocate

ORDER

(Order of the Court was made by G.R.SWAMINATHAN, J.) The Writ Petition has been filed for issuance of Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned order bearing Letter No.9979805/UD-4 (L.Re.2)/2025-2, dated 22.04.2025 on the file of the 1st respondent herein, quash the same and consequently to direct the 2nd respondent to de-seal the premises so as to permit the petitioner to run the weigh bridge.

2. Heard both sides. The petitioner had put up a weigh bridge and an office room in Survey No.62/13 in Athipalayam Road, Chinnavedampatti Village in Coimbatore. She admittedly had not obtained any building permission. Therefore, lock and seal order was

passed on 22.04.2025. The petitioner undertakes to submit a fresh planning application to have the construction regularised. However, she is aggrieved by the following condition alone: "6. .....

(iv) The de-sealed building shall not put to use for any purpose till rectification. Any violation in the conditions will result in further enforcement action without notice." 3.The petitioner states that if the impugned condition is not suspended for a period of three months, it would have a serious impact on her very livelihood. Taking note of this special circumstance, we keep paragraph No.6, clause 4 of the impugned order in abeyance for a period of three months. It is for the petitioner to get the regularisation order in the meanwhile.

4.The Writ Petition stands disposed of accordingly. No costs. Consequently, connected miscellaneous petitions are closed. [G.R.S, J.] [V.L.N, J.] 21.05.2025 kas G.R.SWAMINATHAN, J.

AND V.LAKSHMINARAYANAN, J.

kas To.

1.The Additional Secretary (Technical) Housing and Urban Development Department Secretariat, Chennai 600 009 2.The Commissioner Coimbatore Corporation Town Hall Road Coimbatore 641 001 and W.M.P.Nos.21156 and 21158 of 2025 21.05.2025