Imtiaz Ahmed v. The Secretary To Government
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 27.11.2025 CORAM :
THE HONOURABLE MR. MANINDRA MOHAN SHRIVASTAVA, CHIEF JUSTICE AND THE HONOURABLE MR.JUSTICE G.ARUL MURUGAN W.P.No.45199 of 2025 and W.M.P.Nos.50338 and 50341 of 2025 1.Imtiaz Ahmed S/o.Abdul Hafiz Khan 2.Asiya Anjum D/o.Abdul Hafiz Khan 3.Aysha Suhela D/o.Abdul Hafiz Khan, All the petitioners having business at Plot No.329, Kaivalayam Nagar, Vadakkal B Village, Vallam Panchayath, Sriperumbudur Taluk, Kancheepuram District.
Petitioners Vs
1. The Secretary to Government The Additional Secretary (Technical), Housing and Urban Development Department, Secretariat, Chennai-600 009.
2.The Block Development Officer Sriperumbudur Taluk Kanchipuram District.
3.The President Vallam Panchayat, Sriperumbudur Taluk, Kancheepuram District.
Respondents PRAYER : Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of certiorarified mandamus to call for the impugned locking and sealing and demolition Notice No.02/2025/ Vallam Panchayat, dated 10.10.2025, issued under Section 56(1&2-A) of the Town and Country Planning Act by the 3rd respondent and quash the same to the petitioner building situated at Plot No.329, Kaivalayam Nagar, Vadagal "B"
Village, Vallam Panchayath, Sriperumbudur Taluk, Kancheepuram District.
For Petitioners:
Mr.Gopalakrishnan T.C.
For Respondents:
Mr.T.K.Saravanan Addl. Government Pleader
ORDER
(Order of the Court was made by the Hon'ble Chief Justice) The petitioners have filed this petition aggrieved by the lock and seal order dated 10.10.2025 passed by the third respondent.
2. The records of the case show that, even before the
aforesaid order was passed, a lock and seal notice was issued to the petitioners on 11.4.2025, against which the petitioners have filed a revision petition under Section 80A of the Tamil Nadu Town and Country Planning Act, 1971, which is pending consideration before the first respondent.
3. According to learned counsel for the petitioners, even though a stay application was filed along with the revision petition, the same has not been considered by the first respondent and, in the meantime, the third respondent has passed the lock and seal order on 10.10.2025.
4. As the revision petition is pending consideration, the petitioners' remedy lies in approaching the revisional authority pressing their application for stay.
5. We fail to understand why the petitioners have not appeared and submitted any application before the first respondent for urgent listing and hearing of the stay application after issuance of the impugned order dated 10.10.2025.
6. We direct the first respondent/revisional authority to consider the petitioners' stay application, or, if possible, finally dispose of the revision petition itself, on merits within two weeks. For a period of two weeks no coercive action shall be taken against the petitioner.
7. The writ petition is disposed of accordingly. There shall be no order as to costs. WMP No.50338 of 2025 filed to permit the petitioners to join together and file a single writ petition is allowed, in as much as separate court fee is paid. Other interim application stands closed.
8. Before parting, we would like to observe that, in many cases, after the revision petitions are filed along with stay application before the revisional authority, the authorities of the Corporation/Village Panchayat are proceeding with further action during the pendency of the revision petition. Once a revision petition is filed before the revisional authority, he is required to decide the stay application, one way or the other, within a
reasonable time. It is because of the pendency of the stay application that large number of writ petitions are being filed before this court seeking to enjoin the authorities of the Corporation/ Panchayat from taking any coercive action.
9. In identical circumstances, this Court, vide order dated 25.10.2025 passed in W.P.No.39842 of 2025, held as under: "2. We find that large number of petitions are being filed before this court in the matter of challenge to various notices/orders of lock and seal, de-occupation and demolition, with the common grievance that even though revision is filed, the application for stay is kept pending and, in the meantime, the authorities are proceeding to execute and implement the order under challenge, which eventually frustrates the purpose of filing the application for stay.
3. We are of the view that whenever a revision under Section 80A of the Act is filed along with an application for stay, on the date of filing itself, a date of hearing of the stay application, not later than 15 days therefrom, should be fixed by the revisional authority for hearing of stay application.
4. A copy of this order be sent to the Revisional Authority. Learned State Government Pleader is also requested to communicate this order to the competent authority for compliance, so that petitions are not filed before this court during the pendency of the revisions only on the ground that stay application is kept pending inordinately."
10. Despite such specific directions issued, we notice that this court is being flooded with petitions seeking similar relief everyday. The nolition on the part of the revisional authority to comply with the order passed by this court is beyond the pale. We accentuate that the revisional authority shall, in all revision petitions where stay applications are filed, fix a date for hearing the stay application within two weeks thereof and pass appropriate orders on merits thereon. Non-compliance of this order shall be viewed strictly and have serious repercussions.
11. A copy of this order be sent to the revisional authority constituted under Section 80A of the Act for due compliance. Learned State Government Pleader is also directed to forward a
copy of this order to the revisional authority for taking necessary action.
(MANINDRA MOHAN SHRIVASTAVA, CJ) (G.ARUL MURUGAN,J) 27.11.2025 Index :
Yes/No :
Yes/No sasi To:
1. The Secretary to Government The Additional Secretary (Technical), Housing and Urban Development Department, Secretariat, Chennai-600 009 2.The Block Development Officer(VP) Vallam Panchayat Union.
3.The President Vallam Panchayat, Sriperumbudur Taluk, Kancheepuram District
THE HON'BLE CHIEF JUSTICE AND G.ARUL MURUGAN,J.
(sasi) W.P.No.45199 of 2025 27.11.2025