R.Rengasamy v. The Commissioner

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.02.2026

CORAM:

THE HONOURABLE DR.JUSTICE G. JAYACHANDRAN AND THE HONOURABLE MR.JUSTICE K.K. RAMAKRISHNAN and W.M.P.(MD) Nos.2704, 2706, 2708 & 2709 of 2026

1. R.Rengasamy

2. R.Muthusamy ... Petitioners Vs

1. The Commissioner, Madurai Corporation, Aringar Anna Maaligai, Tallakulam, Madurai - 625 002.

2. The Assistant Commissioner, Zone - V, Madurai West, Madurai Corporation, Thirupparankundram, Madurai - 625 005.

... Respondents PRAYER:- Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, to call for the records 1/6

of the impugned order issued by the second respondent in File No.E2/006358/25 dated 20.01.2026 and the consequential impugned order issued by the second respondent in Na.Ka.No.E2/ 006195/25 dated 23.01.2026 and quash the same as illegal and consequently, direct the first respondent to consider the petitioners' application for regularization of the building submitted on 31.01.2026.

For Petitioner : Mr.M.Kannan For R1 & R2 : Mr.S.Vinayak, Standing Counsel

ORDER

(Order of the Court was made by DR.G.JAYACHANDRAN, J.) The lock and seal notice issued by the Corporation is under challenge in this Writ Petition. The fact reveals that unauthorised constructions put up by the petitioners herein without approval is sought to be removed by way of writ petition filed by the brother of the petitioners. This Court has directed the Corporation to remove the unauthorised constructions, if any. As a consequence, the impugned notice of lock and seal has been issued by the Corporation. 2/6

2. The learned counsel appearing for the petitioners would submit that under the wrong impression and wrong guidance, the petitioners earlier made a self application for the approval of the building plan and the same has been granted. However, having found that the self application is only for construction to be made and not for existing construction, the same has not been taken into consideration. Having come to know about this, the writ petitioners, on 28.10.2025, had again paid a sum of Rs.1,32,942/-, in which the charge for a sum of Rs.33,166/- is collected towards regularization charges.

3. The learned counsel would further submit that this application is still pending herein. Meanwhile, the lock and seal notice has been issued. Immediately after receiving the lock and seal notice, they made a representation dated 31.01.2026 to defer the lock and seal notice till their application for regularization is disposed of.

4. Taking into consideration that admittedly, the constructions have been put up prior to getting approval of the Authorities and only after taking coercive action, the writ petitioners have made application 3/6

for regularization for the constructions, we are of the view that an order of lock and seal has to be enforced. At the same time, the application for regularization made by the petitioner on 28.10.2025 is to be considered and scrutinized in accordance with law within a period of three (3) weeks. If there is any defect to be rectified in the application, the concerned Authority should pass orders in the representation dated 31.01.2025 made by the petitioners herein within seven (7) days from today.

5. The learned counsel appearing for the petitioners would state that the premises have been locked and sealed by the respondents yesterday (04.02.2026) at 11'o clock even without permitting the petitioners to remove the essentials from the house.

6. In view of the same, the respondents are directed to remove the lock and seal to enable the petitioners herein to remove the essentials from the building and after removing the essentials, the respondents are directed to lock and seal the premises 48 hours after de-sealing.

7. With these observations, this Writ Petition is disposed of. No 4/6

costs. W.M.P.(MD) No.2704 of 2026 is allowed. Consequently, connected miscellaneous petitions are closed. [G.J., J.] & [K.K.R.K., J.] 05.02.2026 Index :Yes/No Internet :Yes apd To

1. The Commissioner, Madurai Corporation, Aringar Anna Maaligai, Tallakulam, Madurai - 625 002.

2. The Assistant Commissioner, Zone - V, Madurai West, Madurai Corporation, Thirupparankundram, Madurai - 625 005.

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DR.

G. JAYACHANDRAN , J.

AND K.K. RAMAKRISHNAN, J.

apd 05.02.2026 6/6