S.Maharaja Serma Durai v. Government Of Tamil Nadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 29.08.2025

CORAM

THE HON'BLE MR.MANINDRA MOHAN SHRIVASTAVA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE SUNDER MOHAN and WMP No.36997 of 2025 S.Maharaja Serma Durai .. Petitioner -vs1. Government of Tamil nadu, Rep. by its Secretary to Government, Housing & Urban Development Department, Secretariat, Chennai 600 009.

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

3. The Greater Chennai Corporation, Rep. by its Executive Engineer, Zone-10, No.117, N.S.K.Salai, Kodambakkam, Chennai 600 021.

4. V.Paul Pandi .. Respondents Prayer: Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing the respondents 2 and 3 from in anyway interfering with the building put up at Door No.20, Pugazhendi Street, M.G.R.Nagar, Chennai 600 078 more particularly by way of locking and sealing & demolition of the above said building

pending final determination of petitioner's Special Revision Petition and Stay Petition filed under Sec.80(A) and 80(A)(3) of the Tamil Nadu Town and Country Planning Act, 1971, with the 1st respondent dated 12.08.2025.

For Petitioner :

Mr.L.Chandrakumar For Respondents :

Mr.M.Habeeb Rahman Govt. Advocate for R-1 :

Mr.A.Arun Babu Standing Counsel for RR 2 and 3 * * * * *

ORDER

(Order of the Court was made by the Hon'ble Chief Justice) The petitioner has approached this Court by filing this petition aggrieved mainly on the ground of non-consideration of stay application filed along with the revision petition under Section 80-A of the Tamil Nadu Town and Country Planning Act, 1971, on 12.08.2025 before the revisional authority.

2. Without going into the merits of the case, at this stage, we are inclined to dispose of the petition with a direction to the revisional authority to consider the stay application and pass orders one way or

the other within the outer limit of ten days from the date of submission of a copy of this order.

3. Learned counsel for the Corporation, on taking notice, would submit that for a period of fifteen days, they shall await the order of the revisional authority.

4. In view of the above, this petition is disposed of. There shall be no order as to costs. Consequently, the interim application stands closed.

The protective umbrella shall enure to the petitioner subject to the petitioner's submitting a copy of this order before the revisional authority within a period of five days from today and the petitioner himself shall appear before the revisional authority on 04.09.2025. (MANINDRA MOHAN SHRIVASTAVA, CJ.) (SUNDER MOHAN, J.) 29.08.2025 Index : Yes/No : Yes/No sra

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

(sra) To

1. The Secretary to Government of Tamil nadu, Housing & Urban Development Department, Secretariat, Chennai 600 009.

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

3. The Executive Engineer, The Greater Chennai Corporation, Zone-10, No.117, N.S.K.Salai, Kodambakkam, Chennai 600 021.

29.08.2025