K.Thirunavukkarasu v. The Regional Joint Commissioner
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 24.06.2025
CORAM
THE HONOURABLE MRS. JUSTICE J.NISHA BANU AND THE HONOURABLE MR. JUSTICE M.JOTHIRAMAN W.P.No.22479 of 2025 and W.M.P.No.25281 of 2025 K.Thirunavukkarasu S/o Kuppusamy Naicker
...Petitioner
Vs.
1. The Regional Joint Commissioner, South Zone-13, Division-170, Corporation of Chennai, Dr.Muthulakshmi Salai, Adyar, Chennai - 600 020.
2. The Assistant Commissioner, Zone 13, Division-170, Corporation of Chennai, Dr.Muthulakshmi Salai, Adyar, chennai - 600 020.
3. The Executive Engineer, Zone 13, Division-170, Corporation of Chennai, Dr.Muthulakshmi Salai, Adyar, chennai - 600 020.
... Respondents Prayer: Writ Petition filed under Article 226 of th Constitution of India seeking to issue a Writ of Mandamus to direct the respondents to remove the lock and seal and permit the petitioner to demolish the illegal construction existing at Door No.70/2, Ellaiamman Koil Street, Old
Survey No.49/2, T.S.No.49 in Block No.17, Kottur Village, Kottur, Chennai - 600 085.
For Petitioner : Mr.C.D.Modhi For Respondents : Mrs.P.T.Rama devi, Standing Counsel for R1 to R3
ORDER
(The order of the Court was made by J.Nisha Banu,J.) This Writ Petition has been filed seeking for a direction to the respondents to remove the lock and seal and permit the petitioner to demolish the illegal construction existing at Door No.70/2, Ellaiamman Koil Street, Old Survey No.49/2, T.S.No.49 in Block No.17, Kottur Village, Kottur, Chennai - 600 085.
2. The case of the petitioner is that the 3rd respondent has issued notice stating that the petitioner has put up unauthorised construction without planning permission and called upon to restore the land to its original position within 30 days, failing which, action would be initiated under section 56 of the Town and Country Planning Act. The 3rd respondent also issued stop work notice on 25.12.2012 and a lock and seal demolition notice on 01.06.2012. Since 2012, the building remains under lock and seal and the petitioner is unable to use the property. Hence, the present writ petition with the aforesaid relief.
3. Heard the learned counsel for the petitioner and perused the
materials available on records.
4. Considering the submissions made by the learned counsel for the petitioner, we direct the 3rd respondent to remove the lock and de-seal of the building in question. The petitioner is directed to demolish the unauthorised construction and bring the building in accordance with the sanctioned approved plan within a period of one month from the date of receipt of a copy of this order. If the building is not restored in accordance with the planning permission within the time stipulated by this Court, the respondent Corporation shall seal the premises immediately and take enforcement action in the manner known to law. Accordingly, the Writ Petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed.
[J.N.B.,J.] [M.J.R.,J.] 24.06.2025 vsi Speaking order/Non-speaking order To
1. The Regional Joint Commissioner, South Zone-13, Division-170, Corporation of Chennai, Dr.Muthulakshmi Salai, Adyar, Chennai - 600 020.
J.NISHA BANU,J.
AND M.JOTHIRAMAN,J.
vsi
2. The Assistant Commissioner, Zone 13, Division-170, Corporation of Chennai, Dr.Muthulakshmi Salai, Adyar, Chennai - 600 020.
3. The Executive Engineer, Zone 13, Division-170, Corporation of Chennai, Dr.Muthulakshmi Salai, Adyar, chennai - 600 020.
24.06.2025