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Madras High CourtWP(MD)/1587/2026dismissed

Nizar Ahammed P v. The Chief Secretary

2026-01-22Honourable Dr Justice G. Jayachandran,Honourable Mr Justice K.K. Ramakrishnan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22.01.2026

CORAM:

THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN and THE HONOURABLE MR.JUSTICE K.K.RAMAKRISHNAN and W.M.P.(MD) Nos.1248 & 1249 of 2026 P.Nizar Ahammed ... Petitioner -vs1.The Chief Secretary Tamilnadu Housing Board and Urban Development Secretariat, Chennai-600 009 2.The Commissioner Cumbum Municipality Municipal Office, Cumbum Theni District ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of certiorarified mandamus to call for the records in Na.Ka. 3126/2016/F1 dated 18.12.2025 passed by 2nd respondent and quash the

same and further directing the 1st respondent to consider the petitioner's appeal dated 19.11.2025.

For Petitioner :

Mr.T.T.Nishanth For Respondents :

Mr.S.P.Maharajan Special Government Pleader

O R D E R

[Order of the Court was made by DR.G.JAYACHANDRAN, J.] Pursuant to the inspection conducted in the subject premises, notice (Form III) dated 18.12.2025 has been issued to the petitioner pointing out that he has made the construction unauthorizedly and the same is liable to be removed. Challenging the same, the petitioner is before this Court seeking a writ of certiorarified mandamus stating that there is a long litigation history behind this case and he has preferred an appeal before the first respondent.

2. On perusal of the records, we are of the view that the petitioner has to make a proper representation before the authority concerned on receipt of the impugned notice and work out his remedy in accordance with law; he

cannot bypass or short-circuit the process by filing a writ petition under Article 226 of the Constitution of India.

3. With the above observation, this writ petition is dismissed. No costs. Consequently, connected miscellaneous petitions are closed. [G.J., J.] [K.K.R.K., J.] 22.01.2026 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No krk To:

1.The Chief Secretary, Tamilnadu Housing Board and Urban Development, Secretariat, Chennai-600 009.

2.The Commissioner, Cumbum Municipality, Municipal Office, Cumbum, Theni District.

DR.G.JAYACHANDRAN, J.

AND K.K.RAMAKRISHNAN, J.

krk and W.M.P.(MD) Nos.1248 & 1249 of 22.01.2026