C.Mariyappan v. The Additional Secretary (Technical)

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 16.02.2026

CORAM:

THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN and THE HONOURABLE MR.JUSTICE N.SENTHILKUMAR and W.M.P.(MD) No.3554 of 2026 C.Mariyappan ... Petitioner -vs1.The Additional Secretary (Technical) Housing and Urban Development Department Secretariat, Chennai-600 009 2.The Commissioner Tirunelveli Municipal Corporation Tirunelveli District 3.The Directorate of Town and Country Planning 2nd, 3rd and 4th Floor C&E Market Road Koyambedu Chennai-600 007 ... Respondents

PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of mandamus directing the 1st respondent to consider and pass orders on the petitioner's representations dated 10.02.2026 seeking extension of time for de-sealing of the premises to enable implementation of the Government order dated 23.06.2025 vide Letter No.9979805/UD-4(L.Re.2)/2025-2 and grant 3 months time for the petitioner to implement the order dated 23.6.2025.

For Petitioner :

Ms.Lakshmi Gopinathan for M/s.BFS Legal For Respondents :

Mr.D.Sasi Kumar Additional Government Pleader for R1 & R3 Mr.S.P.Maharajan Standing Counsel for R2

O R D E R

[Order of the Court was made by DR.G.JAYACHANDRAN, J.] The petitioner herein, who has put up a construction illegally, had sought time to rectify the deviations in the construction of the building and to remove the same. It appears that sufficient time was granted to the petitioner after Form-IV notice was issued on 13.05.2024. The petitioner made a representation seeking to rectify the deviations. However, he failed to comply with the conditions imposed by the authority concerned for rectifying the

deviations in the construction. Hence, notices, under Sections 56 and 56 of the Town and Country Planning Act, 1971, were issued on 14.11.2025 for lock and seal the unauthorized premises put up by the petitioner. This was followed by the intimation of the Commissioner, Tirunelveli Corporation, dated 27.11.2024, stating that the lock and seal order is issued pursuant to the orders passed by this Court in W.P.(MD) No.34352 of 2025. Accordingly, on 27.11.2024, the building put up by the petitioner unauthorizedly was finally put under the lock and seal. Thereafter, the petitioner preferred a revision before the Additional Secretary (Technical) under Section 80-A of the Tamil Nadu Town and Country Planning Act, 1971, seeking to de-seal the building till the disposal of the revision petition.

The said revision petition came to be dismissed on 06.02.2026. It appears that vide representation dated 02.02.2026 the petitioner sought ten days time to remove the materials kept inside the building and thereafter to seal the building. Vide proceedings dated 06.02.2026, issued by the Additional Secretary (Technical), ten days time was also granted to the petitioner to take his belongings from the subject building. This writ petition is filed by the petitioner, after making a representation on 10.02.2026 seeking to extend the time to take his belongings from the building and to rectify the deviations in the construction of the building.

petition, the petitioner has sought three months' time to carry out necessary correction and rectification of the deviations in the building.

2. Though the above request of the petitioner appears to be an innocuous, on considering the fact that after obtaining planning permission on 15.02.2023, the petitioner put up the construction with deviations and when the same was brought to the notice of the authorities concerned, FormIV notice was issued to the petitioner on 13.05.2024. Even after a lapse of nearly 1 1⁄2 years, the petitioner has not taken any genuine steps to rectify the deviations. Therefore, the petitioner's request for grant of three months' time to rectify the deviations cannot be entertained. Hence, we are not inclined to entertain this writ petition.

3. Accordingly, this writ petition is dismissed. No costs. Consequently, connected miscellaneous petition is closed. [G.J., J.] [N.S., J.] 16.02.2026 NCC :

Yes / No Index :

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Yes / No krk

To:

1.The Additional Secretary (Technical), Housing and Urban Development Department, Secretariat, Chennai-600 009.

2.The Directorate of Town and Country Planning, 2nd, 3rd and 4th Floor, C&E Market Road, Koyambedu, Chennai-600 007.

DR.G.JAYACHANDRAN, J.

AND N.SENTHILKUMAR, J.

krk and W.M.P.(MD) No.3554 of 2026 16.02.2026