N.Muthukumar v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :03.03.2026

CORAM:

THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR AND THE HONOURABLE MR.JUSTICE M.JOTHIRAMAN in W.M.P.(MD) No.4777 of 2026

1. N.Muthukumar

2. S.Rajagopal

3. R.Subramanian

4. M.Santhi.

... Petitioners Vs

1. The State of Tamilnadu, Rep by its Principal Secretary, Department of Municipal Administration and Water Supply, Fort St. George, Chennai 600 009.

2. The District Collector, Dindigul District, Dindigul.

3. The Executive Authority / Commissioner, Local Planning Authority, Kodaikkannal Municipality, Kodaikkanal.

... Respondents 1/6

PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus directing the first and third respondents to de-seal the petitioner's premises situated in Ward-D, Block-27, T. Survey No. 9/2B- 0.02.77 Ares, Anandhagiri, 7th Street, Door No. 12/15- 2 and 3, Kodaikkanal in order to modify the above building for residential purpose as per the New Master Plan, 2019. For Petitioner : Mr.K.K.Senthil Velan Senior Counsel for Mr.V.S. Kumara Guru For R1 & R2 : Mr.P.T.Thiraviam Government Advocate For R3 : Mr.T.S.Mohammed Mohideen

ORDER

(Order of the Court was made by N.SATHISH KUMAR, J.) The petitioner has come up with the prayer to deseal the petitioner's premises situated in Ward-D, Block-27, T. Survey No. 9/2B0.02.77 Ares, Anandhagiri, 7th Street, Door No. 12/15- 2 and 3, Kodaikkanal.

2. It is the case of the petitioner that he has purchased the land and building on 12.12.2024 from the legal heirs of one Prabu. At the time of purchase, the building was incomplete and it was locked and sealed by 2/6

the third respondent. According to the petitioner, his vendor has obtained necessary permission from the third respondent for the construction of residential building. However, he has not completed the construction of the building as per the plan approval. It is the contention that the petitioner has already submitted an application to convert the same into residential purposes under Section 80A of the Tamil Nadu Town and Country Planning Act, 1971 and the same is pending before the first respondent. However, now, once again the building has been sealed.

3. Hence, it is the contention that he has purchased the property from the vendor and the vendor has converted the building into commercial and he has no knowledge about the violation made by the vendor, and in any event, he has already given application to the first respondent under Section 80A of the Act. However, no orders have been passed.

4. The learned counsel for the third respondent brought to the notice of this Court that already C.R.P(MD) No.2191 of 2017 has been filed by the petitioner's vendor, wherein this Court dismissed the C.R.P 3/6

on 10.07.2023, directing the petitioner therein to submit a fresh application for new plan permission.

5. Since the other Division Bench has passed a serious of orders for taking action against such violation, we are not inclined to give any specific directions. It is for the first respondent to pass orders on the application submitted by the petitioner in this regard within a period of two (2) months from the date of receipt of a copy of this order.

6. With the said observations, this Writ Petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed. NCS : Yes/No [N.S.K., J.] & [M.J.R., J.] Index : Yes / No 03.03.2026 Internet : Yes / No apd 4/6

To

1. The Principal Secretary, Department of Municipal Administration and Water Supply, Fort St. George, Chennai 600 009.

2. The District Collector, Dindigul District, Dindigul.

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N.SATHISH KUMAR, J.

AND M.JOTHIRAMAN, J.

apd ORDER MADE IN 03.03.2026 6/6