M.Munuswamy v. The Secretary To Government

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18.08.2025 CORAM :

THE HONOURABLE MR. MANINDRA MOHAN SHRIVASTAVA, CHIEF JUSTICE AND THE HONOURABLE MR.JUSTICE SUNDER MOHAN and W.M.P.No.34905 of 2025 M.Munuswamy 28, Savitri Natarajan Street, Golden George Nagar, Mogappair East, Chennai-600107 Petitioner Vs 1.The Secretary to Government Department of Housing and Urban Development Government of Tamil Nadu, Secretariat, Fort St. George, Chennai-600 009 2.The Greater Chennai Corporation Rep. by its Commissioner, Rippon Buildings, Chennai-600 003 3.The Executive Engineer Zone-VII, Greater Chennai Corporation,

4.The Assistant Executive Engineer, U-20 Greater Chennai Corporation, Zone-VII, 5.The Assistant Engineer, Div-093 Greater Chennai Corporation, Zone VII, Respondents PRAYER : Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of mandamus forbearing respondents 2-5 from in any locking, sealing demolishing or taking any other coercive steps against the petitioner's building situated at Door No.28 Savithiri Natarajan Street, Golden George Nagar, Chennai-600 107 pending consideration of the petitioner's statutory revision dated 12.8.2025 before the 1st respondent.

For Petitioner:

Mr.G.Adithyaraj 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) A prayer for stay against demolition is made in this writ petition on the submission that though revision petition has been

filed on 12.8.2025, on that very day, the respondent authorities have issued a notice to petitioner intimating that action of lock and seal would be undertaken on 19.8.2025.

2. We are of the view that till a decision on the stay application is taken by the revisional authority, the action to lock and seal should be deferred, depending upon the outcome of the pending stay application. Let the stay application itself be decided within a period of three weeks from today. For a period of three weeks no lock and seal exercise shall be undertaken pursuant to the notice dated 12.8.2025. We make it clear that no adjournment shall be granted to the petitioner while deciding the stay application and the revisional authority shall do well to decide the stay application one way or the other within three weeks.

3. Before parting with this case, we must clarify that the petitioner shall not be entitled to claim any benefit on the basis of an undertaking given before this court by the tenant of the premises in view of the order dated 14.8.2025 passed in

W.P.No.30761 of 2025 (KPN Farm Fresh Private Limited v. The Commissioner, Greater Chennai Corporation and others). The writ petition is disposed of accordingly. There shall be no order as to costs. Consequently, interim application stands closed. (MANINDRA MOHAN SHRIVASTAVA, CJ) (SUNDER MOHAN,J) 18.08.2025 Index :

Yes/No :

Yes/No sasi

To:

1.The Secretary to Government Department of Housing and Urban Development Government of Tamil Nadu, Secretariat, Fort St. George, Chennai-600 009 2.The Commissioner, Greater Chennai Corporation Rippon Buildings, Chennai-600 003 3.The Executive Engineer Zone-VII, Greater Chennai Corporation, 4.The Assistant Executive Engineer, U-20 Greater Chennai Corporation, Zone-VII, 5.The Assistant Engineer, Div-093 Greater Chennai Corporation, Zone VII,

THE HON'BLE CHIEF JUSTICE AND SUNDER MOHAN,J.

(sasi) 18.08.2025