K. Jeyakumar v. The Additional Secretary (Technical)

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 19.03.2025

CORAM:

THE HONOURABLE MRS.JUSTICE J.NISHA BANU and THE HONOURABLE MRS.JUSTICE S.SRIMATHY and W.M.P(MD)No.5815 of 2025 1.K.Jeyakumar 2.J.Suganya ... Petitioners vs.

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

2.The Director of Town and Country Planning, 2nd Floor, C & E Market Road, Koyambedu, Chennai - 600 107.

3.The Commissioner, Madurai Corporation, Madurai.

4.The City Planner, Madurai Corporation, Madurai.

... Respondents 1/5

PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned lock and seal order issued by the third respondent vide proceedings in order No.Z2F1/005623/2023 dated 13.03.2025 and quash the same as illegal and consequently to direct the third and fourth respondents not to take any hasty steps against the petitioners' premises till consider the revised plan submitted by the petitioners dated 08.03.2025 before the second respondent. For Petitioners : Mr.V.Muthu Kamatchi For RR 1 & 2 : Mr.M.Sarangan Additional Government Pleader For RR 3 & 4 : Mr.K.K.Kannan Standing Counsel

ORDER

(Order of the Court was made by J. NISHA BANU, J.) The present Writ Petition is filed to quash the order issued by the third respondent dated 13.03.2025 and consequently to direct the third and fourth respondents not to take any hasty steps against the petitioners' premises till considering the revised plan submitted by the petitioners dated 08.03.2025 before the second respondent.

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2.Today, when the matter is taken up for hearing, the learned counsel appearing for the respondents 1 and 2 would submit that the remedy open to the petitioners is only to file an appeal as against the locking and sealing of the petitioners' premises.

3.Since the petitioners have an appeal remedy under Section 80-A of the Tamil Nadu Town and Country Planning Act, 1971 as against the order passed by the third respondent, dated 13.03.2025, this Writ Petition is not maintainable. Accordingly, this Writ Petition is dismissed. There shall be no order as to costs. Consequently, connected Miscellaneous Petition is closed. [J.N.B.,J.] & [S.S.Y.,J.] 19.03.2025 (1/2) NCC : Yes / No Index : Yes / No Internet : Yes ps 3/5

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

2.The Director of Town and Country Planning, 2nd Floor, C & E Market Road, Koyambedu, Chennai - 600 107.

3.The Commissioner, Madurai Corporation, Madurai.

4.The City Planner, Madurai Corporation, Madurai.

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J.NISHA BANU , J.

and S.SRIMATHY, J.

ps ORDER MADE IN DATED : 19.03.2025 (1/2) 5/5