Syed Fazlullah Khadri v. The Principal Secretary (Technical)

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 09.09.2025 CORAM :

THE HONOURABLE MR. MANINDRA MOHAN SHRIVASTAVA, CHIEF JUSTICE AND THE HONOURABLE MR.JUSTICE G.ARUL MURUGAN Syed Fazlullah Khadri S/o. Late. Dr.S.K.Khadri, Old Door No.15, New Door No .31, Flat No.1-B, 1st Floor, Veeraraghavan Street, (Big Street), Chepauk, Triplicane, Chennai-600 005 Petitioner Vs 1.The Principal Secretary (Technical) Housing and Urban Development Dept.

Government of Tamil Nadu Secretariat, Fort St. George Chennai 600 009 2.The Commissioner Rippon Buildings, Vepery Chennai 600 003

3.The Executive Engineer Town Planning Enforcement Officer, Regional Joint Commissioner, Lake Area, Nungambakkam Chennai 600 034 4.The Assistant Executive Engineer Zone IX, Division No.114, T.P.Kovil Street, Triplicane Chennai 600 005 5.The Assistant Engineer Zone IX, Division No.114, Arunachalam Street, Triplicane Chennai 600 005 Respondents PRAYER : Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of mandamus forbearing the respondents 2 to 5 from taking any other coercive action against the petitioner's premises bearing Old Door No.15, New Door No.31, Flat No. 1-B, 1st Floor situated at Veeraraghavan Street (Big Street) Chepauk, Triplicane, Chennai 600 005 pending consideration of the petitioner's Statutory Appeal filed on 08.07.

2025 under Section 80-A of Tamil Nadu Town and Country Planning Act, 1971 before the 1st respondent and consequently to direct the 1st respondent to expedite the petitioner's statutory appeal filed under Section 80-A of Tamil Nadu Town and Country Planning Act,1971 within a stipulated period as fixed by this Honble Court.

For Petitioner:

Mr.L.Gavaskar For Respondents:

Mr.M.Habeeb Rahman Government Advocate for respondent No.1 Mr.A.Arun Babu Standing Counsel for respondent Nos.2 to 5

ORDER

(Order of the Court was made by the Hon'ble Chief Justice) Heard learned counsel for the parties.

2. This writ petition has been filed by the petitioner apprehending demolition of the subject-building during pendency of the revision petition filed by the petitioner.

3. The petitioner, aggrieved by the lock and seal order dated 29.5.2025, has already preferred a revision under Section 80-A of the Tamil Nadu Town and Country Planning Act, 1971 and the same is pending consideration before the competent authority.

4. Learned counsel for the Corporation, on advance copy and upon instructions, would submit that the petitioner's apprehension that the building would be demolished is without any basis and, presently, there is no notice or action proposed towards demolition.

5. Placing on record the aforesaid statement made by learned counsel for the Corporation, this petition is disposed of. There shall be no order as to costs.

6. We make it clear that we have not expressed any opinion on the merits of the pending revision before the competent authority.

(MANINDRA MOHAN SHRIVASTAVA, CJ) (G.ARUL MURUGAN,J) 09.09.2025 Index :

Yes/No :

Yes/No bbr

To:

1.The Principal Secretary (Technical) Housing and Urban Development Dept.

Government of Tamil Nadu Secretariat, Fort St. George Chennai 600 009 2.The Commissioner Rippon Buildings, Vepery Chennai 600 003 3.The Executive Engineer Town Planning Enforcement Officer, Regional Joint Commissioner, Lake Area, Nungambakkam Chennai 600 034 4.The Assistant Executive Engineer Zone IX, Division No.114, T.P.Kovil Street, Triplicane Chennai 600 005 5.The Assistant Engineer Zone IX, Division No.114, Arunachalam Street, Triplicane Chennai 600 005

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

bbr 09.09.2025