D.Ezhil Maran v. The Government Of Tamil Nadu

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.34792 of 2025 D.Ezhil Maran S/o. S.Damodaran, New No.AH-7, Old No.AH 120, 4th Street, Anna Nagar, Chennai-600 040 Petitioner Vs 1.The Government of Tamil Nadu Rep. by its Secretary, Housing and Urban Development Dept.

Fort St. George, Secretariat, Chennai-600 009 2.The Commissioner Greater Chennai Corporation, Rippon Building, Periyamedu, Chennai 3.The Executive Engineer Greater Chennai Corporation, Zone-VII, CTH Road, Ambattur Chennai-600 053

4.The Assistant Executive Engineer Division 87, Unit -19, Zone -VII, Greater Chennai Corporation, CTH Road, Ambattur, Chennai-600 053 Respondents PRAYER : Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of certiorarified mandamus to call for the records of the impugned communication of the 3rd respondent dated 09.08.2025 in letter number Z.O.VII.C.No.378/2025 and to quash the same and to direct the respondents 2 to 4 not to take any coercive action of Lock and Sealing of the premises at Door No.6, Yadhaval Street, Padi, Chennai-600 050 pending the consideration of the Special Revision dated 31.07.2025 on the file of the 1st respondent. For Petitioner:

Mr.Vasantha Kumar for Mr.Selvasekaran V.C.

For Respondents:

Mr.M.Habeeb Rahman Government Advocate for respondent No.1 Mr.A.Arun Babu Standing Counsel for respondent Nos.2 to 4

ORDER

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

2. The petitioner has rushed to this Court during the pendency of the revision petition challenging the order passed by the authority in the matter of lock and seal of the disputed property, merely because even after filing the revision petition on 31.7.2025 along with application for stay, it has not been heard and, in the meantime, a letter has been issued on 9.8.2025 by the Executive Engineer, Zone VII of the Greater Chennai Corporation, requiring the petitioner to remove his belongings.

3. This Court is flooded with similar cases where revision petitions are being filed along with stay applications and due to delay in considering the prayer for stay, proceedings are being drawn for lock and seal of the premises.

4. Where a revision petition is filed along with an application for stay, the revisional authority must decide the application for stay within a period of three weeks from the date of filing of the stay application. Further, we are of the view that, at least for three weeks, till the stay application is decided one way or the other, coercive steps should not be adopted by the local body even without waiting for a decision on the stay application.

5. We direct the revisional authority to decide the application for stay within a period of three weeks from today. The petitioner shall not seek any adjournment on the date fixed by the revisional authority for consideration of the stay application. A copy of this order shall be placed by the petitioner before the revisional authority within five days. Coercive action shall not be taken for a period of three weeks by the Corporation. If the order passed by us today is not placed before the revisional authority within a period of five days from today, the protective umbrella given shall lose its efficacy.

6. A copy of this order be sent to the State Government for issuing appropriate directions, so that this situation can be avoided where even after having filed the revision petition along with stay application, the parties are approaching the High Court with the grievance that the stay application has been kept pending without any decision for a long period.

7. Petition is, accordingly, disposed of. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed.

(MANINDRA MOHAN SHRIVASTAVA, CJ) (SUNDER MOHAN,J) 18.08.2025 Index :

Yes/No :

Yes/No bbr

To:

1.The Secretary, Government of Tamil Nadu Housing and Urban Development Dept.

Fort St. George, Secretariat, Chennai-600 009 2.The Commissioner Greater Chennai Corporation, Rippon Building, Periyamedu, Chennai 3.The Executive Engineer Greater Chennai Corporation, Zone-VII, CTH Road, Ambattur Chennai-600 053 4.The Assistant Executive Engineer Division 87, Unit -19, Zone -VII, Greater Chennai Corporation, CTH Road, Ambattur, Chennai-600 053

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

bbr 18.08.2025