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Madras High CourtWP/39560/2025disposed of

Samyak Mehta Tech Pvt Ltd v. The Director

2025-10-17Honourable The Chief Justice,Honourable Mr.Justice G.Arul Murugan7 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 17.10.2025 CORAM :

THE HONOURABLE MR. MANINDRA MOHAN SHRIVASTAVA, CHIEF JUSTICE AND THE HONOURABLE MR.JUSTICE G.ARUL MURUGAN & W.M.P.Nos.44436 & 44437 of 2025 M/s. Samyak Meta-Tech Pvt Ltd.

Rep. by its Authorised Plant Head Manoj Kumar S.No.238/8B, 9B, 10B & 245/1, Thally Road Hosur, Periamadakondapalli Krishnagiri 635 114.

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Petitioner Vs.

1. The Director Directorate of Town and Country Planning C&E Market Road Koyambedu, Chennai 600 107.

2. The Deputy Director District Town and Country Planning Authority 25/2, Nethaji Road Hosur 635 109.

3. The Block Development Officer Thali Panchayat Union Denkanikottai Taluk Krishnagiri District.

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Respondents

Prayer : Petition filed under Article 226 of the Constitution of India seeking a writ of Certiorari to call for records on the file of the 2nd respondent herein in his Notice to Lock & Seal and Demolition vide Notice No.Na.Ka.823/2024/Ki.Ma dated 07.10.2025 relating to property at S.No.238/8B, 9B, 10B & 245/1, Periamadakondapalli Village, Denkaniottai Taluk, Krishnagiri District and quash the same. For Petitioner :

Mr.Vishwanathan Senior Counsel For Mr.G.M.Anathakumar For Respondents :

Mr.A.Edwin Prabakar State Government Pleader Assisted by Mr.M.Habeeb Rahman Government Advocate

ORDER

(Order of the Court was made by the Hon'ble Chief Justice) What has brought petitioner to this Court is non-consideration of stay application on urgent basis and at the same time, second respondent is proceeding to lock and seal the premises on 22.10.2025.

2. Learned Senior Counsel ventilated grievance on the submission that against the lock and seal notice issued on 07.10.2025, petitioner has promptly filed revision under Section 80A of the Tamil Nadu Town and Country Planning Act, 1971, along with stay application. While he was awaiting notice on consideration of stay application, in view of the action which has been taken under the lock and seal notice, his premises, which is an ongoing industrial concern, is proposed to be locked and sealed on 22.10.2025, without there being any hearing on the stay application.

3. In these exceptional and emergent circumstances, the petitioner has approached this Court for invocation of its extraordinary jurisdiction under Article 226 of the Constitution of India.

4. As has been held by us in number of cases, once an appeal is filed along with application for stay of any proposed action of lock and seal, de-occupation or demolition, against which revision under

Section 80A of the Act has already been preferred along with stay application, stay application needs to be decided one way or other on urgent basis before it is frustrated.

5. In the present case also, we find that even though petitioner has already filed revision petition along with stay application, the same is yet to be heard and petitioner apprehends lock and seal of his ongoing industry. Therefore, in these circumstances, we are inclined to direct the appellate authority to decide the stay application within a period of two weeks.

6. For a period of two weeks, the lock and seal notice shall not be put to execution. Petitioner shall produce a copy of this order before the revisional authority within five days from today. On the date of submission of copy of this order, date of hearing of stay application shall be fixed and petitioner shall be put to notice.

7. Non-submission of a copy of this order, as directed or nonappearance before the authority on the date fixed for hearing, shall

result in automatic withdrawal of protective umbrella.

8. Petition is disposed of. There shall be no order as to costs. We find that WMP No.44436 of 2025 is wrongly printed as WMP No.44432 of 2025 in the cause-list. Therefore, WMP No.44432 of 2025 shall be treated as WMP No.44436 of 2025. Consequently, the interim applications are closed.

(MANINDRA MOHAN SHRIVASTAVA, CJ) (G.ARUL MURUGAN,J) 17.10.2025 Index :

Yes/No Yes/No kpl Note to Registry:

Issue order copy today itself (17.10.2025) To

1. The Director Directorate of Town and Country Planning C&E Market Road Koyambedu, Chennai 600 107.

2. The Deputy Director District Town and Country Planning Authority 25/2, Nethaji Road Hosur 635 109.

3. The Block Development Officer Thali Panchayat Union Denkanikottai Taluk Krishnagiri District.

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

(kpl) 17.10.2025