Indian Bank v. The Government Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 16.07.2025

CORAM:

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM AND THE HONOURABLE DR.JUSTICE A.D.MARIA CLETE and W.M.P.(MD) No.11803 & 11804 of 2024 Indian Bank, Represented by its Senior Manager, Tenkasi Branch, Kanni Maramman Kovil Street, Tenkasi District.

... Petitioner Vs

1. The Government of Tamil Nadu, Rep by the Principal Secretary, Housing and Urban Development Department, Fort. St. George, Chennai -9.

2. The Commissioner, Tenkasi Municipal Corporation, No.85, Anaikarai Street, Tenkasi District - 627811.

3. P.S.Rajeswariammal ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorari, calling for the 1/5

records of the 2nd respondent in respect of the order passed in Order No. 1/2024 dated 08.05.2024 and quash the same.

For Petitioner :

Mr.C.Jawahar Ravindran, For Respondent :

Mr.J.Ashok (R1) Additional Government Pleader :

Mr.P.Athimoolapandian (R2) :

Mr.Raja Karthikeyan (R3)

O R D E R

[Order of the Court was made by S.M.SUBRAMANIAM, J.] The writ on hand has been instituted challenging the lock and seal order, dated 08.05.2024 passed by the Commissioner, Tenkasi Municipality.

2.Admittedly, the petitioner/Indian Bank is an occupier and not the owner. Enforcement actions to remove the unauthorised constructions was initiated by the Municipality in the year 2023 itself. At that point of time, three months time was granted to the petitioner Bank to vacate the premises and relocate the Bank. Despite the fact that three months time was granted to the Bank to vacate the premises, two years lapsed but till 2/5

today the Bank is functioning in the unauthorised building. Now, the learned Counsel for the petitioner would submit that they will vacate the unauthorised building within a period of three months. 3.In view of the said undertaking, this Court is inclined to grant three months time to the petitioner Bank to vacate the premises enabling the Commissioner, Tenkasi to lock and seal the premises and complete the enforcement actions already initiated in the year 2023. The petitioner Bank is not entitled to seek any further extension of time. Enforcement actions are directed to be continued without any further reference or orders from this Court.

4.With the above directions, the writ petition stands disposed of. There shall be no order as to costs. Consequently, the connected miscellaneous petitions are closed.

[S.M.S., J.] [A.D.M.C., J.] 16.07.2025 Index:Yes/No Internet:Yes/No NCC:Yes/No LR 3/5

To The Government of Tamil Nadu, Rep by the Principal Secretary, Housing and Urban Development Department, Fort. St. George, Chennai -9.

4/5

S.M.SUBRAMANIAM, J.

and DR.A.D.MARIA CLETE, J.

LR 16.07.2025 5/5