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Madras High CourtWP/32426/2025disposed of

S.Arunkumar v. Government Of Tamil Nadu

2025-08-26Honourable The Chief Justice,Honourable Mr.Justice Sunder Mohan5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 26.08.2025 CORAM :

THE HONOURABLE MR. MANINDRA MOHAN SHRIVASTAVA, CHIEF JUSTICE AND THE HONOURABLE MR.JUSTICE SUNDER MOHAN & W.M.P.No.36342 & 36343 of 2025

1. S.Arunkumar

2. S.Narayanan ..

Petitioners Vs.

1. Government of Tamil Nadu Rep. by its Secretary to Government Housing and Urban Development Department Secretariat, Chennai 600 009.

2. Greater Chennai Corporation Rep. by its Commissioner Ripon Building, Chennai 600 003.

3. Greater Chennai Corporation Rep. by its Executive Engineer Zone-XII, 1, New Street Ramapuram, Alandur Chennai 600 016.

..

Respondents Prayer : Petition filed under Article 226 of the Constitution of India seeking a writ of Mandamus forbearing 2nd and 3rd respondents from

in anyway interfering with the petitioners property at Door No.24/104, Ekambara Dabedar Street, Alandur, Chennai 600 016, more particularly by way of locking and sealing and or demolition, pending final determination of petitioners statutory Special Revision Petition and Stay Petition filed under Section 80(A) and 80(A)(3) of the Town and Country Planning Act, 1971 dated 30.07.2025 by the 1st respondent.

For Petitioners :

Mr.D.S.Rajasekaran For Respondents :

Mr.M.Habeeb Rahman Government Advocate for Respondent-1 Mr.A.Arun Babu Standing Counsel for Respondents 2 & 3

ORDER

(Order of the Court was made by the Hon'ble Chief Justice) It appears that aggrieved by the notice dated 30.07.2025, petitioners have filed a petition under Section 80(A) of the Town and Country Planning Act, 1971, before the competent authority, along with application for stay.

2. Though after 30.07.2025, no notice has been issued to petitioners, petitioners have an apprehension that without decision

on stay application, respondents may proceed to demolish the construction.

3. Considering that the matter is pending consideration before the revisional authority, without commenting upon merits, we are inclined to dispose of the case with direction to revisional authority to decide stay application within ten days from the date of receipt of a copy of this order.

4. Petition is disposed. There shall be no order as to costs. WMP No.36342 of 2025 filed to permit the petitioners to file a single writ petition is allowed, subject to payment of separate court-fee within two weeks. Other interim application is closed. (MANINDRA MOHAN SHRIVASTAVA, CJ) (SUNDER MOHAN,J) 26.08.2025 Index :

Yes/No Yes/No kpl

To

1. The Secretary to Government Housing and Urban Development Department Secretariat, Chennai 600 009.

2. The Commissioner Greater Chennai Corporation Ripon Building, Chennai 600 003.

3. The Executive Engineer Greater Chennai Corporation Zone-XII, 1, New Street Ramapuram, Alandur Chennai 600 016.

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

(kpl) 26.08.2025