Dr.G.Shanthinikethan v. The Commissioner Of Corporation
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 25.07.2025 C O R A M THE HONOURABLE MRS.JUSTICE J.NISHA BANU AND THE HONOURABLE MR.JUSTICE M.JOTHIRAMAN
1. Dr.G.Shanthinikethan ... Petitioner in W.P.No.27815/2025
2. Mrs.Sulochan ... Petitioner in W.P.No.27821/2025 -vs1. The Commissioner of Corporation.
Greater Chennai Corporation, Chennai-600 053.
2. The Assistant Executive Engineer, Greater Chennai Corporation, Zone-VII, Thiruvallur High Road, Ambattur, Chennai-600 053.
... Common Respondents Prayer in W.P.No.27815/2025: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the respondents to de-seal the premises Shop No.G5, ground floor at Aravind Plaza, Door No.9, Kambar Salai, Mogappair West, Chennai-600 037 to enable the petitioner to remove the deviated construction and to restore the property in accordance with the sanctioned planning permission and in conformity with the Tamil Nadu Combined Development and Building Rules, 2019 within a period of 6 months.
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Prayer in W.P.No.27821/2025: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the respondents to de-seal the premises Shop No.G2, ground floor at Aravind Plaza, Door No.9, Kambar Salai, Mogappair West, Chennai-600 037 to enable the petitioner to remove the deviated construction and to restore the property in accordance with the sanctioned planning permission and in conformity with the Tamil Nadu Combined Development and Building Rules, 2019 within a period of 6 months.
For Petitioners : Mr.N.Shanmuga Thayumanavan For Respondents : Mr.E.C.Ramesh Standing Counsel ***** C O M M O N O R D E R (By J.Nisha Banu,J.) These Writ Petitions have been filed for a direction to the respondents to de-seal the premises Shop Nos.G5 & G2, ground floor at Aravind Plaza, Door No.9, Kambar Salai, Mogappair West, Chennai-600 037 to enable the petitioners to remove the deviated construction and to restore the property in accordance with the sanctioned planning permission and in conformity with the Tamil Nadu Combined Development and Building Rules, 2019 within a period of 6 months.
2. Mr.E.C.Ramesh, learned Standing Counsel takes notice for 2/6
the respondents. By consent, these Writ Petitions are disposed of at the stage of admission itself.
3. For the sake of brevity, the facts are being taken from W.P.No.27815 of 2025, which read as follows:
i) The petitioner is the absolute owner of the commercial shop in question and leased out to her tenant on 25.03.2025 for running a shop in the name of Tea Boy. While so, the 2nd respondent issued a notice dated 16.07.2024, calling for the approved plan/stop work notice, followed by a lock and seal and demolition notice dated 16.08.2024; ii) According to the petitioner, the construction is eligible for regularization, as the same was constructed prior to 2000. She has preferred an appeal under Section 80-A of the Act, 1971 on 05.06.2025 against the lock and seal and demolition notice. In the meanwhile, the building has been kept under lock and seal for the minor deviation, which caused much hardship to the petitioner and there is a monetary loss for the petitioner. The 3/6
petitioner is willing to rectify the deviations in accordance with the planning permission.
4. Learned counsel for the petitioners would submit that four weeks' time may be granted to the petitioners to bring the building in accordance with the approved plan, as no additional construction is being carried out by the petitioners.
5. Learned Standing Counsel appearing for the respondents submits that the building can be de-sealed, if the petitioner is ready to bring down the building in accordance with the plan within the specified time to be prescribed by this Court.
6. Considering the submissions made on either side, this Court directs the respondents to remove the lock and seal of the premises till 22.08.2025, so as to enable the petitioners to bring the building in accordance with the plan. Needless to state that on the expiry of the specified period, if the petitioners fail to bring the building as per the 4/6
sanctioned plan, the respondents are at liberty to re-seal the premises without any further notice to the petitioners.
7. With the above direction, these Writ Petitions are disposed of. No costs.
List these matters on 25.08.2025 for reporting compliance. (J.N.B.J.,) (M.J.R,J.,) 25.07.2025 Index: Yes / No Internet: Yes / No ar Note: Issue order copy on 01.08.2025 To:
1. The Commissioner of Corporation.
Greater Chennai Corporation, Chennai-600 053.
2. The Assistant Executive Engineer, Greater Chennai Corporation, Zone-VII, Thiruvallur High Road, Ambattur, Chennai-600 053.
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J.NISHA BANU, J.
AND M.JOTHIRAMAN , J.
ar 25.07.2025 6/6