Poolpandi P v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 02.03.2026
CORAM
THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR AND THE HONOURABLE MR.JUSTICE M.JOTHIRAMAN and W.M.P.(MD) Nos.4077 & 4078 of 2026 W.P.(MD) No.21270 of 2021 P.Poolpandi ... Petitioner Vs.
1.The District Collector, Thoothukudi District, Thoothukudi.
2.The Deputy Director (i/c), District Town and Country Planning Office, Thoothukudi District, Thoothukudi.
3.The Municipal Commissioner, Kovilpatti Municipal Office, Kovilpatti, Thoothukudi District.
4.R.Ramesh ... Respondents [R4 is impleaded vide court order dated 18.09.2025] Page No. 1 of 8
Prayer : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing the third respondent herein to demolish the violative portions of M/s.Nivi Plaza which is situated in Survey Number 641/3, Pasuvanthanai Main Road, Kovilpatti Town, based on the Inspection Report in Na.Ka.No.27/2017 /F1 dated 07.07.2017 of the Town Planning Officer, Kovilpatti Municipality and also by considering the petitioner's representation dated 28.06.2021. For Petitioner : No appearance For R1 & R2 : Mr.S.P.Maharajan Special Government Pleader For R3 : Mr.P.Srinivas For R4 : Mr.S.Venkata Subramaniyan for Mr.G.Thalaimuthurasu W.P.(MD) No.4853 of 2026 R.Padmavathi ... Petitioner Vs.
1.The State of Tamil Nadu Rep. by its Secretary, Housing and Urban Development Department, Secretariat, Chennai - 600 009.
2.The Additional Secretary (Technical), Housing and Urban Development Department, Secretariat, Chennai - 600 009.
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3.The Assistant Director, District Town and Country Planning Office, Thoothukudi - 628 008.
4.The Commissioner, Kovilpatti Municipality, Kovilpatti, Thoothukudi District - 628 502.
... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus to call for records of the first respondent in issuance of order in the form of letter dated 12.02.2026 bearing reference Letter No.12650462/ UD4 (L. Re-2) 2025-3 and quash the same as illegal, arbitrary, violative of principles of natural justice and contrary to law and consequently direct the first respondent to consider the stay in Revision filed under Section 80A(3) of the Tamil Nadu Town and Country Planning Act, 1971 afresh uninfluenced by the earlier and any other orders.
For Petitioner : Mr.S.Venkata Subramaniyan for Mr.G.Thalaimuthurasu For R1 to R3 : Mr.S.P.Maharajan Special Government Pleader For R4 : Mr.P.Srinivas ****** Page No. 3 of 8
C O M M O N O R D E R [Order of the Court was made by Hon'ble MR.N.SATHISH KUMAR, J.] Though these Writ Petitions have been filed challenging the order dated 12.12.2026 passed by the Secretary to Government, Housing and Urban Development Department, Secretariat, Chennai - 600 009 and seeking a direction to consider the stay petition filed in the Revision under Section 80A(3) of the Tamil Nadu Town and Country Planning Act, 1971, as well as a direction to the Municipal Commissioner, Kovilpatti Municipality, Kovilpatti, Thoothukudi District to demolish the violative portions of M/s.Nivi Plaza situated in Survey No.641/3, Pasuvanthanai Main Road, Kovilpatti Town, based on the Inspection Report in Na.Ka.No.27/2017/F1 dated 07.07.
2017 of the Town Planning Officer, Kovilpatti Municipality, during the pendency of these Writ Petitions, it appears that the appeal has now been entertained by the authorities. In the said appeal, the municipal authorities were directed to de-seal the premises for ten days from the date of receipt of the order, i.e., 26.02.2026, so as to enable the parties to remove their belongings from the subject building and to reseal the same upon expiry of the ten-day Page No.
period granted. A copy of the proceedings dated 26.02.2026 has been produced before this Court.
2.It is the contention of the learned counsel for the petitioner in W.P.(MD) No.4853 of 2026 that on the last date of hearing, when the matter came up for hearing, this Court directed the petitioner in W.P.(MD) No.4853 of 2026 to file an undertaking affidavit indicating the nature of the tenants and other commercial establishments. Accordingly, an additional/undertaking affidavit has been filed by the petitioner in W.P. (MD) No.4853 of 2026.
3. The only grievance of the petitioner is that since the property has been let out to various persons, at least one month's time is required to comply with the directions and act faithfully in accordance with the undertaking. As the authorities were directed to de-seal the premises for ten days, the petitioner has appeared before this Court seeking appropriate orders.
4. We are of the view that considering the above grievance, a further period of two weeks, in addition to the time already granted, may Page No. 5 of 8
be granted to the petitioner to remove the belongings. Accordingly, the authorities are directed to de-seal the premises for a further period of two weeks so as to enable all the tenants and other occupants to remove their belongings from the premises. It is made clear that after the expiry of the total period, i.e., on 23.03.2026, the authorities shall once again re-seal the premises.
5. With the above observations, these Writ Petitions are disposed of. No costs. Consequently, the connected Miscellaneous Petitions are closed.
[N.S.K., J.] & [M.J.R., J.] 02.03.2026 JEN Index : Yes / No Internet : Yes / No Speaking Order / Non-Speaking Order Copy To:
1.The Secretary, Housing and Urban Development Department, Secretariat, Chennai - 600 009.
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2.The Additional Secretary (Technical), Housing and Urban Development Department, Secretariat, Chennai - 600 009.
3.The District Collector, Thoothukudi District, Thoothukudi.
4.The Assistant Director, District Town and Country Planning Office, Thoothukudi - 628 008.
5.The Deputy Director (i/c), District Town and Country Planning Office, Thoothukudi District, Thoothukudi.
6.The Commissioner, Kovilpatti Municipality, Kovilpatti, Thoothukudi District - 628 502.
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N.SATHISH KUMAR, J.
AND M.JOTHIRAMAN, J.
JEN 02.03.2026 Page No. 8 of 8