B.Balamurugan v. The Secretary To Government
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.04.2026
CORAM:
THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR and THE HONOURABLE MR.JUSTICE M.JOTHIRAMAN and W.M.P(MD)No.8868, 8870, 8872 & 8873 of 2026 1.B.Balamurugan 2.Indhumathi ... Petitioners vs.
1.The Secretary to Government, Housing and Urban Development Department, Secretariat, Fort. St. George, Chennai.
2.The Director of Town and Country Planning, Chennai.
3.The Commissioner, Madurai Municipal Corporation, Arignar Anna Maligai, Madurai 625 020.
4.The Assistant Commissioner, Zone -2 (North), 1/7
Race Course Road, Madurai 625 020.
5.The City Town Planning Officer, Madurai Municipal Corporation, Arignar Anna Maligai, Madurai 625020.
... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorarified Mandamus, calling for the records relating to impugned notice issued by the 3rd respondent in Notice No. Z2U2/3506/2025, dated 17.03.2026 and quash the same and consequently direct the respondents to remove the lock and seal in the petitioners property situated in S.No.204/1, Re.S.No.204/1B, measuring about 3,030 square feet, Patta No.1441, situated at Puthu Vilangudi Village, Union Bank Colony, 5th Street, Madurai Corporation, New Ward-23, Madurai till the disposal of the appeal pending before the 1st respondent. For Petitioners : Mr.V.R.Shanmuganathan For R1 & R2 : Mr.A.Kannan Additional Government Pleader For R3 to R5 : Mrs.S.Devasena Standing Counsel 2/7
ORDER
(Order of the Court was made by N.SATHISH KUMAR, J.) The petitioner has filed the present Writ Petition challenging the impugned notice dated 17.03.2026 and seeking a direction to the respondents to remove the lock and seal from the petitioner's property.
2. The learned counsel appearing for the petitioners fairly submitted that the petitioner had already preferred an appeal before the Government against the action initiated by the Corporation. In the said appeal, the Government, by order dated 09.12.2025, passed the following directions: "(i) Petitioners shall obtain demolition approved plan from Madurai Corporation showing the rectification if any proposed to make the construction as per rules in force along with the structural stability report.
(ii) The Madurai Corporation shall approve the demolition plan within 10 days from the date of application. (iii) The petitioners shall carry out rectification as per the approved demolition plan or obtain revised approval satisfying 3/7
TNCDBR, 2019 within a period of three months. (iv) The Madurai Corporation shall pursue further enforcement action as per the provisions of the Tamil Nadu Town and Country Planning Act 1971 if the revision petitioners failed to comply the above direction within the said time."
3. It is submitted that though time was granted, the petitioners could not submit the plan within the stipulated period due to hospitalization for a serious ailment in Kerala. The learned counsel further submitted that the petitioners would complete all formalities and submit the required application on or before 15.05.2026.
4. In view of the above, this Court is inclined to grant a limited extension of time. Accordingly, the petitioner is permitted to submit the rectification/demolition plan on or before 15.05.2026. Upon receipt of such application, the respondents shall consider the same and pass appropriate orders within a period of one (1) month thereafter. Till such time, the authorities are directed to de-seal the premises. It is made clear that if the 4/7
petitioners fail to submit the application on or before 15.05.2026, the respondents are at liberty to proceed in accordance with law, including resealing the premises.
5. With the above directions, the Writ Petition stands disposed of. No costs. Consequently, the connected miscellaneous petitions are closed. [N.S.K.,J.] [M.J.R.,J.] 21.04.2026 NCC : Yes / No Index : Yes / No Internet : Yes am 5/7
To 1.The Secretary to Government, Housing and Urban Development Department, Secretariat, Fort. St. George, Chennai.
2.The Director of Town and Country Planning, Chennai.
3.The Commissioner, Madurai Municipal Corporation, Arignar Anna Maligai, Madurai 625 020.
4.The Assistant Commissioner, Zone -2 (North), Race Course Road, Madurai 625 020.
5.The City Town Planning Officer, Madurai Municipal Corporation, Arignar Anna Maligai, Madurai 625020.
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N.SATHISH KUMAR , J.
and M.JOTHIRAMAN , J.
am ORDER MADE IN DATED : 21.04.2026 7/7