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Madras High CourtWP/24195/2025disposed of

Squadra School Of Sports Private Ltd v. The Commissioner

2025-07-04Honourable Mrs Justice J. Nisha Banu,Honourable Mr.Justice M.Jothiraman6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 04-07-2025

CORAM

THE HONOURABLE MRS JUSTICE J. NISHA BANU AND THE HONOURABLE MR.JUSTICE M.JOTHIRAMAN WP No. 24195 of 2025 and WMP No.27230 of 2025

1. Squadra School Of Sports Private Ltd Rep By Its Authorised Signatory Mr.A.K.Adith Door No.6, 6th Cross Street, Cit Colony, Mylapore, Chennai-600 004 .... Petitioner(s) Vs

1. The Commissioner Greater Chennai Corportion And Others, No.1, Lake Area 4th Cross Street, Nungambakkam, Chennai-600 034.

2.The Secretary Housing And Urban Development Department, Secretariat, Fort St.George, Chennai-600 009 Respondent(s) PRAYER Writ petition filed under Section 226 of Constitution of India seeking to issue a Writ of Certiorari to call for the records of the 2nd respondent leading to the passing of the order dated 22.5.2025 and consequently direct the 1st respondent to remove the lock and seal and allow the petitioner to use the facility

For Petitioner(s):

Mr. S.Sathyanarayanan For Respondent:

Mr.D.B.R.Prabhu, Standing Counsel for R1 Mr.M.Venkateswaran, Special Govt.Pleader for R2

ORDER

(Order of the Court was made by J.Nisha Banu J.) This writ petition has been filed challenging the impugned order dated 22.05.2025, rejecting the revision petition filed by the petitioner under Section 80-A of the Tamil Nadu Town and Country Planning Act, 1971.

2. It is the case of the petitioner that the petitioner is a company involving in the business of "turf a playing arena " to facilitate the sports development amongst youth and citizens in badminton and football. The petitioner has made development in the subject land by putting up temporary structure for playing football and badminton with proper fencing as per the applicable global standards. In such circumstances, show cause notice dated 17.03.2025 was issued by the first respondent to restore the football and badminton court to the original condition within 30 days. Following the same, the property was locked and sealed along with the materials inside on 21.04.2025. Hence, the petitioner filed a revision petition before the 2nd respondent to de-seal the property and the same was rejected by passing the impugned order. According to the petitioner, since the playing arena was made only with the temporary structure,

there is no requirement for obtaining approval from the authorities. Hence the writ petition.

3. Heard the learned counsel for the petitioner and the learned counsel appearing for the respondents and we have perused the materials on record.

4. It is contended by the learned counsel for the petitioner that the work for creation of badminton and football is in progress and due to the sealing of the property, several critical tasks remain incomplete and they could not be able to secure and preserve the materials kept inside. Hence, he seeks direction to the respondent concerned to de-seal the property.

5. A perusal of the records shows that the petitioner has developed a turf for an indoor football and badminton stadium in the subject land, without obtaining permission from the authorities concerned. It further shows that the said structure was made in an large extent of 6000 sq.ft. Even though it is contended by the learned counsel for the petitioner that such creation of structure is temporary in nature, such development in an large extent cannot be allowed, without proper approval from the competent authority. Therefore, the petitioner is bound to restore the land to its original condition.

6. In view of the discussion made supra and also taking in to account the submission made by the learned counsel for the petitioner that the materials kept inside have to be preserved, we are inclined to dispose of the writ petition by granting four weeks time to the petitioner from the date of receipt of copy of the order to restore the land to its original condition. Failing which, it is open to the respondents seal the premises. It is needless to say that since the property is under lock and seal, the respondents are directed to de-seal the property, in order to comply the above said order of the court.

7. With the above observations and directions, this writ petition is disposed of. There shall be no order as to costs. Connected miscellaneous petition is closed.

(J.NISHA BANU J.) (M.JOTHIRAMAN J.) 04-07-2025 mst Index:Yes/No Speaking/Non-speaking order Internet:Yes To 1.The Commissioner Greater Chennai Corportion And Others, No.1, Lake Area 4th Cross Street, Nungambakkam, Chennai-600 034

2.The Secretary Housing And Urban Development Department, Secretariat, Fort St.George, Chennai-600 009

J.NISHA BANU J.

AND M.JOTHIRAMAN J.

mst 04-07-2025