D.Ramesh Kumar v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 04.02.2026
CORAM:
THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN AND THE HON'BLE MR JUSTICE K.K.RAMAKRISHNAN W.P(MD)Nos.3020 and 3021 of 2026 and W.M.P(MD)Nos.2489 to 2492 of 2026 D.Ramesh Kumar ... Petitioner in both the W.Ps'
.Vs.
1.The District Collector, Office of the District Collectorate, Virudhunagar District.
2.The Director of Town and Country Planning, Office of the Director of Town and Country Planning, Chennai.
3.The Assistant Director of Town and Country Planning, Office of the Assistant Director of Town and Country Planning, Virudhunagar, Virudhunagar District.
4.The Commissioner, Virudhunagar Municipality, 43, Municipal Office Road, Virudhunagar.
... Respondents in both the W.Ps'
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COMMON PRAYER: Writ Petitions filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorari calling for the records pertaining to the impugned order of the fourth respondent in Na.Ka.No.544/2024/F1, dated 27.01.2026 and quash the same.
W.P(MD)Nos.3020 and 3021 of 2026 For Petitioner : Mr.S.Ramsundarvijayaraj For Respondents : Mr.D.Sasikumar 1 to 3 Addl.Govt.Pleader For Respondent-4 : Mr.N.M.M.Abishek Pandian COMMON ORDER (Order of the Court was made by DR.G.JAYACHANDRAN.,J) These Writ Petitions have been filed to quash the impugned impugned order of the fourth respondent, dated 27.01.2026 wherein, it was informed that the respondent-authorities will lock and seal the structure in question, since it was an unauthorized structure.
2.Mr.D.Sasi kumar, learned Additional Government Pleader 2/7
takes notice for the respondents 1 to 3 and Mr.Abishek pandian, learned Counsel takes notice for the fourth respondent. 3.Notice under Form-III, dated 8.9.2025 has been issued by the Commissioner, Virudhunagar Municipality to discontinue the use of building within 30 days from the date of receipt of notice, since the structure put up by the recipient of the notice is unauthorized structure. Thereafter, it appears that the occupant has sought for planning permission by paying Scrutiny Fees and the same was made on 20.11.2025. While the fact being so, the Commissioner, Virudhunagar Municipality has issued notice for lock and seal and also sought for Police protection to execute the same on 5.2.2026. The said notice is challenged by way of Writ petitions.
4.The learned counsel for the Petitioner states that planning permission is sought with necessary particulars and payment of fees and the same is pending with the authorities since 20.11.2025. Therefore the impugned order which says that no application was submitted for planning permission is per se incorrect. 5.From the records, We find that notice for removal of unauthorized development carried out without planning 3/7
permission issued under Form-III to the Petitioner as early as on 8.9.2025, calling upon him to discontinue the use of building within 30 days. The person interested have not sought for planning permission immediately. He claims that through online, application for planning permission was submitted on 20.11.2025 and the same is pending on the file of the respondent authorities. 6.The learned Additional Government Pleader appearing for the third respondent/ The Assistant Director of Town and Country Planning, Virudhunagar District, submitted that application for planning permission, dated 20.11.2025 was returned for want of necessary documents and that the application was not represented.
7.In the said factual matrix, We find no illegality in the Lock and Seal Notice issued on 27.01.2026. If at all, the Petitioner wants to carry on his business, he has to get his application for planning permission scrutinized and for that purpose, he has to resubmit his application. Therefore, the Writ Petitions stand dismissed, with direction to the third respondent that if the application for planning permission is resubmitted by the Petitioner with necessary documents as sought for, the same has to be scrutinized and appropriate orders be passed within a period of two months. 4/7
Till appropriate planning permission is obtained, the Writ Petitioner shall not utilize the structure in question for any purpose. No costs. Consequently, connected Miscellaneous Petitions are closed.
[G.J.,J.] [K.K.R.K.,J.] 04.02.2026 NCS : Yes/No Index : Yes / No Internet : Yes / No vsn To 1.The District Collector, Office of the District Collectorate, Virudhunagar District.
2.The Director of Town and Country Planning, Office of the Director of Town and Country Planning, Chennai.
3.The Assistant Director of Town and Country Planning, Office of the Assistant Director of Town and Country Planning, Virudhunagar, Virudhunagar District.
4.The Commissioner, Virudhunagar Municipality, 5/7
43, Municipal Office Road, Virudhunagar.
DR.G.JAYACHANDRAN, J.
and K.K.RAMAKRISHNAN,J.
vsn COMMON ORDER MADE IN W.P(MD)Nos.3020 and 3021 of 2026 and W.M.P(MD)Nos.2489 to 2492 of 2026 6/7
04.02.2026 7/7