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Madras High CourtWP/31415/2025disposed of

Vijayakumar v. The Government Of Tamilnadu

2025-08-18Honourable The Chief Justice,Honourable Mr.Justice Sunder Mohan6 pages

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.Nos.35153 and 35154 of 2025 1.Vijayakumar S/o.Ponuvel 2.Gajalakshmi W/o.Vijayakumar 3.V.Ponuvel S/o.Velu Naicker 4.P.Sumathy W/o.V.Ponuvel All are residing at Door No.40/125, Elaya Street, Korukkupet, Petitioners Vs 1.The Government of Tamil Nadu Rep. by its Secretary to Government, Housing and Urban Development Dept.

Secretariat, Chennai-600 009.

2.The Greater Chennai Corporation, Rep. by its Commissioner Park Town, Chennai-600 003.

3.The Greater Chennai Corporation, Rep. by its Executive Engineer, Division-10, Zone-4, No.266, T.H.Road, Old Washermenpet, Respondents PRAYER : Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of mandamus forbearing the respondents 2 and 3 from in anyway interfering with the petitioners property situated at 40/125, Elaya Street, Korukkupet, Chennai-600 021 in pursuant to their notice dated 21.4.2025 pending final determination of the petitioners special revision petition dated 13.8.2025 filed under Section 80(A) and 80(A)(3) of the Tamil Nadu Town and Country Planning Act, 1971 with the first respondent.

For Petitioner:

Mr.D.S.Rajseakaran for Mr.H.Prosper For Respondents:

Mr.M.Habeeb Rahman Government Advocate for respondent No.1 Mr.D.B.R.Prabhu Standing Counsel for respondent Nos.2 and 3

ORDER

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

2. The petitioners have filed this petition because they apprehend that, though they have filed revision petition challenging the order dated 13.8.2025 passed by the Corporation, the Corporation authorities may proceed to lock and seal the premises, in view of the letter dated 14.8.2025.

2. For the reasons stated by us in our order in W.P.No.31046 of 2025 [D.Ezhil Maran v. The Government of Tamil Nadu, rep. by its Secretary, Housing and Urban Development Department, Fort St. George, Secretariat, Chennai-600 009 and others] passed today, we are inclined to dispose of this petition with a direction that the stay application filed by the petitioners shall be decided within a period of three weeks from today. Coercive action shall not be taken by the Corporation for a period of three weeks. The petitioners 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 petitioners before the revisional authority within a period of five days. 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.

Petition is, accordingly, disposed of. There shall be no order as to costs. Consequently, W.M.P.No.35154 of 2025 is closed. W.M.P.No.35153 of 2025 filed to permit the petitioners to file single writ petition stands allowed, subject to payment of separate courtfee within a period of two weeks. (MANINDRA MOHAN SHRIVASTAVA, CJ) (SUNDER MOHAN,J) 18.08.2025 Index :

Yes/No :

Yes/No bbr

To:

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

Secretariat, Chennai-600 009 2.The Commissioner Greater Chennai Corporation, Park Town, Chennai-600 003.

3.The Executive Engineer, Greater Chennai Corporation, Division-10, Zone-4, No.266, T.H.Road, Old Washermenpet,

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

bbr 18.08.2025