Thiyagarajan v. The Principal Secretary To Government
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 06.08.2025
CORAM
THE HONOURABLE MRS. JUSTICE J.NISHA BANU AND THE HONOURABLE MR. JUSTICE M.JOTHIRAMAN and W.M.P.Nos.32791 & 32794 of 2025 Thiyagarajan S/o Nachimuthu Gounder ..Petitioner Vs.
1. The Principal Secretary to Government, O/o Housing and Urban Development Department, Secretariat, Chennai - 600 009.
2. The Director of Town and Country Planning, No.807, Anna Salai, Chennai - 600 002.
3. The Joint Director of Town and Country Planning, Town and Country Planning Office, Dr.Nanjappa Salai, Coimbatore - 541 018.
4. The Commissioner, Pollachi Municipality, Pollachi, Coimbatore District - 642 001.
..Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus to call for the records in the
notice of 4th respondent in No.Na.Ka.No.212/2021/F1(2874/2021/F-1) dated 11.06.2025 and quash the same and consequently forbearing the respondent from initiating any coercive action including locking and sealing of the petitioner's building situated Old No.96, N.No.11, 11/1, 11/2, K.T. Complex, New Scheme Road, Pollachi, Coimbatore District and T.S.No.155/1C2 and 146/2A1.
For Petitioner : Mr.S.Prabhu For Respondents : Mr.M.Rajendran, Addl.Govt.Pleader for R1 to R3 Mr.B.Anand, Standing Counsel for R4.
ORDER
(The order of the Court was made by J.Nisha Banu,J.) Mr.M.Rajendran, learned Additional Government Pleader takes notice for the 1st to 3rd respondents. Mr.B.Anand, learned Standing Counsel takes notice for the 4th respondent. By consent of the parties, the main writ petition is taken up for final disposal.
2. This Writ Petition has been filed challenging the notice of the 4th respondent dated 11.06.2025 and consequently, forbear the respondents from initiating any coercive action including locking and sealing of the petitioners building situated Old No.96, N.No.11, 11/1, 11/2, K.T. Complex, New Scheme Road, Pollachi, Coimbatore District and
T.S.No.155/1C2 and 146/2A1.
3.1 The case of the petitioner is that he owns land and building situated at Old No.96, N.No.11, 11/1, 11/2, K.T. Complex, New Scheme Road, Pollachi, Coimbatore District. He had constructed the building over the property and after assessing the said building, the respondent levied all the statutory dues and the same was paid without any default. 3.2. The petitioner received notice under sections 56 and 57 of the Town and Country Planning At 1971 with a direction to submit documents relating to the buildings and other proceedings, if any, within 30 days and the petitioner also submitted a copy of building construction completion report and the same was duly received by the respondent on 10.02.2024. The petitioner also filed an appeal against the said notice under section 80A to the 1st respondent and the same is pending adjudication. 3.
3 The petitioner came to understand that similar notice to other building owners in Pollachi and those building owners filed a batch of writ petitions and in one such writ petition in W.P.No.19896 of 2024, this Court passed an order of interim direction directing the 1st respondent to constitute a committee to conduct a detail study of all the buildings in Mahalingampuram area and New Scheme road in Pollachi municipality limits and also granted an order of of status quo to be maintained until further orders.
4. Heard the learned counsel for the petitioner and perused the materials available on records.
5. On perusal of the records, it is seen that the petitioner has filed an appeal under section 80A before the 1st respondent. Further, only notice has been served on the petitioner to submit the documents relating to the buildings and other proceedings, if any, within 30 days and the petitioner also submitted a copy of building construction completion report and the same was received by the respondent. If at all, the petitioner is aggrieved, he can very well file an interim application in the appeal filed under section 80-A before the appellate authority. We find no merits in this writ petition. Accordingly, the Writ Petition stands dismissed. No costs. Consequently, connected miscellaneous petitions are closed. [J.N.B.,J.][M.J.R.,J.] 06.08.2025 vsi Speaking order/Non-speaking order To
1. The Principal Secretary to Government, O/o Housing and Urban Development Department, Secretariat, Chennai - 600 009.
2. The Director of Town and Country Planning, No.807, Anna Salai, Chennai - 600 002.
3. The Joint Director of Town and Country Planning, Town and Country Planning Office, Dr.Nanjappa Salai, Coimbatore - 541 018.
4. The Commissioner, Pollachi Municipality, Pollachi, Coimbatore District - 642 001.
J.NISHA BANU,J.
AND M.JOTHIRAMAN,J.
Vsi
06.08.2025