R.Muniyammal v. The Director

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 28.05.2025

CORAM:

THE HONOURABLE MR. JUSTICE SENTHILKUMAR RAMAMOORTHY & THE HONOURABLE MS. JUSTICE T.V.THAMILSELVI W.P.No.19395 of 2025 & WMP.No.21649 of 2025 Mrs.R.Muniyammal ... Petitioner Vs.

1. The Director, Chennai Metropolitan Development Authority, Thalamuthu Natarajan House, Gandhi Irwin Road, Egmore, Chennai 600 008.

2. Executive Engineer, Zone-VI, Greater Chennai Corporation, Ripon Building, Chennai

3. The Assistant Executive Engineer, Unit 15, Zone - 06, Greater Chennai Corporation, Shop No.24, Jaganathan Street, Agavarn, Perambur, Chennai 600 082.

4. The Assistant Engineer, Greater Chennai Corporation, Div.069, Zone-06, Vasantha Nagar, Chinna Chembarambakkam,

Ayanavaram, Chennai 600 023.

..Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, praying for issuance of Writ of Certiorari to call for the records in connection with the letter No.06/00536/2025 dated 05.05.2025 issued by the 2nd respondent and quash the same as illegal and improper.

For Petitioner : Mr. S.Kingston Jerold For Respondents : Mr. D.B.R. Prabhu, Senior Counsel for R2 to R4 Mr.Akil Akbar Ali for R1

O R D E R

[Order of the Court was made by SENTHILKUMAR RAMAMOORTHY, J.] By this Writ Petition, the petitioner impugns the lock and seal demolition notice dated 05.05.2025. The petitioner asserts that he has constructed a house on about 250 sq.ft. and that such construction was completed more than 30 years ago. Upon receipt of the impugned lock and seal demolition notice, it is stated that an appeal was filed before the 1st respondent on 22.05.2025 under section 76 of the Tamilnadu Town and Country Planning Act 1971.

2. Mr. Akil Akbar Ali, learned counsel accepts notice on behalf of the 1st respondent and Mr.D.B.R. Prabhu, learned Senior Counsel accepts notice on behalf of the respondents 2 to 4.

3. Learned counsel for the 1st respondent submits that the stay application would be considered and disposed of within a reasonable time.

4. In the circumstances, without going into the merits of the matter, the writ petition is disposed of with the following direction:

(1) The 1st respondent is directed to consider and dispose of the stay application accompanying appeal dated 22.05.2025 under section 76 of the Tamil Nadu Town and Country Planning Act, 1971. A reasonable opportunity shall be provided to the petitioner before the stay application is disposed of.

(2) Until such time, the respondents are restrained from initiating coercive action against the petitioners' property pursuant to lock and seal notice dated 05.05.2025 or otherwise.

No costs. Consequently, the connected miscellaneous petition is closed. [S.K.R.J.] [T.V.T.S.J.] 28.05.2025 : Yes/No Speaking/non-speaking order msr To 1.The Director, Chennai Metropolitan Development Authority, Thalamuthu Natarajan House, Gandhi Irwin Road, Egmore, Chennai 600 008.

2. Executive Engineer, Zone-VI, Greater Chennai Corporation, Ripon Building, Chennai

3. The Assistant Executive Engineer, Unit 15, Zone - 06, Greater Chennai Corporation, Shop No.24, Jaganathan Street, Agavarn, Perambur, Chennai 600 082.

4. The Assistant Engineer, Greater Chennai Corporation, Div.069, Zone-06, Vasantha Nagar, Chinna Chembarambakkam, Ayanavaram, Chennai 600 023.

SENTHILKUMAR RAMAMOORTHY,J.

and T.V.THAMILSELVI, J.

msr W.P.No.19395 of 2025 & WMP.No.21649 of 2025 28.05.2025