Nizar Ahammed P v. The Secretary

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 24.06.2026

CORAM

THE HONOURABLE MR. JUSTICE N.SATHISH KUMAR and THE HONOURABLE MR. JUSTICE M.JOTHIRAMAN and WMP(MD)No.13019 of 2026 P.Nizar Ahammed ... Petitioner Vs.

1. The Secretary, Tamil Nadu Housing Board and Urban Development, Secretariat, Chennai - 600 009.

2. The Commissioner, Cumbum Municipality, Municipal Office, Cumbum, Theni District.

... Respondents PRAYER :- Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the 2nd respondent herein to forbear from taking action against the petitioner in demolishing the property when the appeal is still pending before the Respondent No.1.

For Petitioner : Mr.T.T.Nishanth For Respondents : Mr.C.Jeganathan, Counsel for State 1/4

ORDER

(Order of the Court was made by N.SATHISH KUMAR, J.) The prayer in this writ petition is to issue a Writ of Mandamus, forbearing the 2nd respondent from taking action against the petitioner in demolishing the property when the appeal is still pending before the 1st respondent.

2. The grievance of the petitioner is that as against the notice of demolition, he has already filed appeal before the 1st respondent on 19.11.2025 and it is pending. While so, the 2nd respondent has continuously issuing notices for removing the unauthorised construction. Hence, this writ petition.

3. In such a view of the matter, let the 1st respondent dispose of the appeal on its own merits within a period of two months from the date of receipt of a copy of this order. Till such time, there shall not be any coercive action.

4. With the above direction, the Writ Petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed. [N.S.K., J.] & [M.J.R., J.] Index : Yes / No 24.06.2026 : Yes / No 2/4

bala To

1. The Secretary, Tamil Nadu Housing Board and Urban Development, Secretariat, Chennai - 600 009.

2. The Commissioner, Cumbum Municipality, Municipal Office, Cumbum, Theni District.

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N.SATHISH KUMAR , J.

AND M.JOTHIRAMAN, J.

bala ORDER MADE IN DATED :

24.06.2026 4/4