Sankar K v. Government Of Tamil Nadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 16.10.2025 CORAM :

THE HONOURABLE MR. MANINDRA MOHAN SHRIVASTAVA, CHIEF JUSTICE AND THE HONOURABLE MR.JUSTICE G.ARUL MURUGAN and W.M.P.Nos.43516 and 43520 of 2025 1.Sankar K S/o.Kuppusamy No.4/2, Vivekanandha Nagar, Umaran Street, Ramapuram Chennai 600 089 2.Pathma S W/o.K.Sankar, No.4/2, Vivekanandha Nagar, Umaran Street, Ramapuram Chennai 600 089 Petitioners Vs 1.Government of Tamil Nadu Rep. by its Secretary Housing and Urban Development Dept., Secretariat, Chennai Tamil Nadu 600 009 2.The Deputy Commissioner (Works) Rippon Building, Chennai 600 003

3.The Executive Engineer Zone N11, Chennai 600 089 Respondents PRAYER : Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of mandamus directing the 1st respondent to dispose of the Appeal under Section 80A of the Tamil Nadu Town and Country Planning Act, 1971 dated 25.09.2025 and forbearing the 2nd and 3rd respondents from taking any coercive action pursuant to the Notice for Compliance of Planning Permission bearing Notice No.IV/ N11/N155/00057/2025 dated 12.09.2025 pending determination of the Appeal under Section 80A of the Tamil Nadu Town and Country Planning Act, 1971 with respect to the premises at No.4/2, Vivekanandha Nagar, Kumaran Street, Ramapuram, Chenani 600 089. For Petitioner:

Mr.K.Rajasrinivas for M/s.PV Giridhar Associates For Respondents:

Mr.T.K.Saravanan Addl. Government Pleader 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. Learned counsel for the petitioners would submit that aggrieved by the lock and seal notice, the petitioners have preferred a revision under Section 80-A of the Tamil Nadu Town and Country Planning Act, 1971 along with stay application on 25.09.2025. However, neither the stay application has been decided nor the revision petition itself. Now the petitioners are apprehending that the respondent Corporation may proceed with the issuance of deoccupation notice and evict the petitioners.

3. Since revision itself has been filed on 25.9.2025, no direction for disposal in a time bound manner can be issued at this stage. Nevertheless, we would observe that all cases need to be decided as early as possible.

4. If the petitioners have any apprehension that, during the pendency of the revision and stay application, some action may be taken by issuing de-occupation notice, the petitioners may submit an application before the revisional authority for urgent hearing of the stay application. If the petitioners file such application before

the revisional authority within a period of one week from today, the revisional authority shall do well and decide the application for stay one way or the other within two weeks thereafter.

5. At this stage, learned counsel for the respondent Corporation, on advance copy, submits that for a period of three weeks, no coercive steps shall be taken.

6. The writ petition is disposed of. There shall be no order as to costs. W.M.P.No.43516 of 2025 filed to permit the petitioners to file a single writ petition is allowed on payment of separate courtfee within two weeks. W.M.P.No.43520 of 2025 is closed. We make it clear that we have not expressed any opinion on the merits of the case.

(MANINDRA MOHAN SHRIVASTAVA, CJ) (G.ARUL MURUGAN,J) 16.10.2025 Index :

Yes/No :

Yes/No bbr

To:

1.The Secretary Government of Tamil Nadu Housing and Urban Development Dept., Secretariat, Chennai Tamil Nadu 600 009 2.The Deputy Commissioner (Works) Rippon Building, Chennai 600 003 3.The Executive Engineer Zone N11, Chennai 600 089

THE HON'BLE CHIEF JUSTICE AND G.ARUL MURUGAN,J.

bbr 16.10.2025