M.Jaichand v. The Executive Engineer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 22.08.2025

CORAM

THE HON'BLE MR.MANINDRA MOHAN SHRIVASTAVA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE SUNDER MOHAN and WMP Nos.35528 and 35529 of 2025 M.Jaichand .. Petitioner -vs1. The Executive Engineer, Zone-7, Greater Chennai Corporation, No.536, Chennai Tiruvallur Highway Road, Opp. Dunlop Company, Ambattur, Chennai 600 053.

2. The Assistant Engineer, Div-84, Zone-7, Greater Chennai Corporation, No.536, Chennai Tiruvallur Highway Road, Opp. Dunlop Company, Ambattur, Chennai 600 053.

.. Respondents Prayer: Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus to call for the records in the Notice dated 13.08.2025 issued by the 2nd respondent and quash

the same and direct the respondents not to take any coercive action against the property at No.4, South Railway Station Road, Korattur, Chennai 600 050.

For Petitioner :

Mr.D.S.Rajasekaran for Mr.K.Sivasubramanian For Respondents :

Mr.A.Arun Babu Standing Counsel.

* * * * *

ORDER

(Order of the Court was made by the Hon'ble Chief Justice) This petition has been filed before this Court seeking indulgence on the submission that as against the de-occupation notice issued on 10.05.2025, a revision petition under Section 80-A of the Tamil Nadu Town and Country Planning Act, 1971 has been filed on 20.08.2025 and the petitioner is apprehending lock and seal action on the part of the Corporation, pursuant to the impugned notice dated 13.08.2025.

2. Petitioner is not entitled to any indulgence by this Court because the petitioner remained indolent and did not take the remedy of filing revision against the de-occupation notice dated 10.05.2025

and only on 20.08.2025, the revision petition has been filed before the concerned authority.

Petition is, therefore, dismissed, however, any order of lock and seal passed would be subject to final outcome of the revision filed by the petitioner. There shall be no order as to costs. Consequently, the interim applications are closed.

(MANINDRA MOHAN SHRIVASTAVA, CJ.)(SUNDER MOHAN, J.) 22.08.2025 Index : Yes/No : Yes/No sra To

1. The Executive Engineer, Zone-7, Greater Chennai Corporation, No.536, Chennai Tiruvallur Highway Road, Opp. Dunlop Company, Ambattur, Chennai 600 053.

2. The Assistant Engineer, Div-84, Zone-7, Greater Chennai Corporation, No.536, Chennai Tiruvallur Highway Road, Opp. Dunlop Company, Ambattur, Chennai 600 053.

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

(sra) 22.08.2025