Shanthi @ Mariammal v. The Principal Secretary
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.01.2026
CORAM:
THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN and THE HONOURABLE MR.JUSTICE K.K.RAMAKRISHNAN and W.M.P.(MD) No.1710 of 2026 Shanthi @ Mariammal ... Petitioner -vs1.The Principal Secretary (Town and Country Planning) Tamil Nadu Government O/o.Director of Town and Country Planning Secretariat, Chennai-600 009 2.The Assistant Director District Town and Country Planning Office Tenkasi District 3.The District Collector Tenkasi District, Tenkasi 4.The Block Development Officer Vasudevanallur Panchayat Union Tenkasi District
5.The Commissioner Tenkasi Municipality Tenkasi District ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of certiorarified mandamus to call for the impugned notice issued by the 2nd respondent vide Notice No.52/2025 TD2 relating to the Form-III notice dated 17.02.2025, quash the same as illegal, erroneous and consequently direct the 2nd respondent to forbear from taking any coercive action, including demolition or sealing, in respect of the subject property. For Petitioner :
Mr.R.Mathava Selvam For Respondents :
Mr.S.P.Maharajan Special Government Pleader for R1 to R4
O R D E R
[Order of the Court was made by DR.G.JAYACHANDRAN, J.] The petitioner herein, without obtaining proper planning permission from the authorities concerned, has constructed a marriage hall in the hill area. Therefore, the official respondents have proceeded with issuance of the Form-III notice, dated 17.02.2025, to the petitioner. Challenging the same, the petitioner has filed this writ petition.
2. Learned counsel for the petitioner submits that after receipt of the impugned Form-III notice, the petitioner has obtained all the requisite no objection certificates and produced the same to the second respondent. Despite the same, the second respondent has made a requisition to the Inspector of Police, Sivagiri Police Station, seeking bandobust while proceeding with the lock and seal of the subject marriage hall. Further, it is contended that the subject marriage hall has been booked for the next few days and if the marriage is put under lock and seal, it will cause much irreparable loss and hardship to the petitioner.
3. This Court, at the outset, is unable to understand how the authorities, in a hill area, despite regulations, permitted the petitioner herein to construct a marriage hall and also issued no objection certificates, thereby post-ratifying the illegality committed. Be that as it may, the present request of the second respondent seeking police protection cannot be interfered with, since steps have been taken by the authorities concerned to conserve the environment in the hill area pursuant to the scheme formulated by the Government in compliance with the directions issued by this Court. Hence, we are not inclined to entertain this writ petition.
4. Accordingly, this writ petition is dismissed. If at all there is any possibility for granting ratification for the construction of the subject marriage hall, it must be done only in accordance with law and it is open to the petitioner to resort to the provisions available under the Tamil Nadu Town and Country Planning Act, 1971, for appropriate redressal. No costs. Consequently, connected miscellaneous petition is closed. [G.J., J.] [K.K.R.K., J.] 28.01.2026 NCC :
Yes / No Index :
Yes / No Internet :
Yes / No krk To:
1.The Principal Secretary, (Town and Country Planning) Tamil Nadu Government, O/o.Director of Town and Country Planning, Secretariat, Chennai-600 009.
2.The Assistant Director , District Town and Country Planning Office, Tenkasi District.
3.The District Collector, Tenkasi District, Tenkasi.
4.The Block Development Officer, Vasudevanallur Panchayat Union, Tenkasi District.
DR.G.JAYACHANDRAN, J.
AND K.K.RAMAKRISHNAN, J.
krk and W.M.P.(MD) No.1710 of 2026 28.01.2026