D.Kandhavel v. The Additional Secretary (Technical),

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 03.09.2025

CORAM

THE HON'BLE MR.MANINDRA MOHAN SHRIVASTAVA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE G.ARUL MURUGAN and WMP No.37452 of 2025

1. D.Kandhavel

2. K.Chitra .. Petitioners -vs1. The Additional Secretary (Technical), Housing and Urban Development Department, Secretariat, Fort St. George, Chennai 600 009.

2. The Corporation Commissioner, No.1, Muthuranga Mudali St., West Tambaram, Tambaram, Chennai 600 045.

.. Respondents Prayer: Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing the 2nd respondent to remove the lock and seal forthwith in respect of the building premises measuring 2400 sq.ft. at Plot No.5, Manikandan Street,

Peerkankaranai Village, Kancheepuram District pending consideration of the writ petitioners' appeal dated 01.07.2025 filed before the 1st respondent u/s. 80A of the Tamil Nadu Town and Country Planning Act, 1971.

For Petitioners :

Mr.E.Sivanandan For Respondents :

Mr.K.Karthik Jagannath Govt. Advocate for R-1 :

Mr.P.Srinivas Standing Counsel for R-2 * * * * *

ORDER

(Order of the Court was made by the Hon'ble Chief Justice) The petitioners have approached this Court alleging that even though the revision petition filed under Section 80-A of the Tamil Nadu Town and Country Planning Act, 1971, has been filed before the revisional authority on 01.07.2025, the same has remained pending without any final decision.

2. We find that the petitioner was himself quiescent, inasmuch as the lock and seal notice dated 12.09.2024 was challenged after a

long time and apparently beyond the period of limitation prescribed for filing of revision.

3. Therefore, no case is made out for issuance of any direction for out of turn disposal of the revision petition. We leave it open to the petitioner to seek indulgence of the revisional authority for consideration of the revision on its own merits. Petition is, accordingly, dismissed. There shall be no order as to costs. Consequently, the interim application stands closed. (MANINDRA MOHAN SHRIVASTAVA, CJ.) (G.ARUL MURUGAN, J.) 03.09.2025 Index : Yes/No : Yes/No sra

THE HON'BLE CHIEF JUSTICE AND G.ARUL MURUGAN , J.

(sra) To

1. The Additional Secretary (Technical), Housing and Urban Development Department, Secretariat, Fort St. George, Chennai 600 009.

2. The Corporation Commissioner, No.1, Muthuranga Mudali St., West Tambaram, Tambaram, Chennai 600 045.

03.09.2025