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Madras High CourtWMP(MD)/4114/2025rejected

Thirumalaikumar v. N.Sankaralingam

2026-02-12Honourable Dr Justice G. Jayachandran,Honourable Mrs Justice S.Srimathy4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.02.2026

CORAM:

THE HONOURABLE DR.JUSTICE G. JAYACHANDRAN AND THE HONOURABLE MRS.JUSTICE S.SRIMATHY in REV.APLW.(MD)No.SR 17630 of 2025 Thirumalaikumar ... Petitioner /Vs./ 1.N.Sankaralingam 2.The Additional Secretary (Technical), Housing and Urban Development Department, Secretariat, Chennai-600 009.

3.The Commissioner, Tenkasi Municipality, Tenkasi, Tenkasi District.

... Respondents PRAYER in W.M.P.(MD)No.4114 of 2025: Petition filed under Section 151 of Civil Procedure Code, to grant leave to file the review application against the order passed in W.P.(MD)No.2389 of 2025 dated 18.02.2025. PRAYER in REV.APLW.(MD)No.SR 17630 of 2025: Petition filed under Order XLVII Rule 1 and 2 r/w Section 114 of the Civil Procedure 1/4

Code, to review the order passed by this Court in W.P.(MD)No.2389 of 2025 dated 18.02.2025.

For Petitioner : Mr.J.David Ganesan For R1 & R2 : Mr.J.Ashok Additional Government Pleader

ORDER

(Order of the Court was delivered by DR.G.JAYACHANDRAN, J.) The writ petition filed by one N.Sankaralingam challenging the lock and seal order issued by the Commissioner of Tenkasi was disposed by this Court permitting the writ petitioner to seek rectification of the deviation within a period of three months, till then, the lock and seal order to be get in abeyance.

2.The present miscellaneous petition filed by the neighbour of the writ petitioner stating that behind his back, the said Sankaralingam has obtained an order to protect his illegal construction suppressing the earlier round of writ petition initiated by him in W.P.(MD)No.2389 of 2025 and the contempt proceedings and also dismissal of the civil suit in O.S.No.463 of 2010.

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3.No doubt, the present petitioner was not the party in the writ petition. Action for lock and seal has been taken by the municipality at the instance of this petitioner. However, since the Court has gone into the merits of the impugned order passed by the Corporation and granted three months time to the writ petitioner to rectify the deviation, it is for the Commissioner, Tenkasi Municipality to follow up the matter and after the appeal is disposed of to take necessary action to remove the illegal construction, if any deviation is found.

4.Hence, this miscellaneous petition to grant leave is refused. Consequently, the review application is rejected at the SR stage itself. [G.J., J.] & [S.S.Y., J.] 12.02.2026 Index :Yes/No Internet :Yes ta 3/4

DR.

G. JAYACHANDRAN , J.

AND S.SRIMATHY, J.

ta in REV.APLW.(MD)No.SR 17630 of 2025 12.02.2026 4/4