Ajmeer Ali v. The Secretary To Government

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 17.11.2025

CORAM:

THE HONOURABLE DR.JUSTICE ANITA SUMANTH AND THE HONOURABLE MR.JUSTICE C.KUMARAPPAN and WMP(MD)No.24904 of 2025 Ajmeer Ali ... Petitioner /Vs./

1. The Secretary to Government, Housing and Urban Development Department, Secretariat, St. George Fort, Chennai.

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

3. The Commissioner, Karaikudi Corporation, Karaikudi, Sivagangai District.

4. S.Wahab ... Respondents 1/6

PRAYER:- Writ Petition - filed under Article 226 of the Constitution of India, to issue a Writ of certiorari calling for the records relating to the impugned notice issued by the 3rd respondent in Ka.Ma.No.33/2019/F2 and Ka. Ma.No.35/2019/F2, dated 04.11.2025 and quash the same. For Petitioner : Mr.V.R.Shanmuganathan For Respondents : Mr.J.Ashok (R1 & R2) Additional Government Pleader No appearance (R3) Mr.Mohaboob Athiff (R4) for Mr.Sanjay Srinivas

ORDER

(Order of the Court was made by DR.ANITA SUMANTH, J.) Read this order in continuation of and in conjunction with order dated 07.11.2025, that reads as follows:- 'Mr.J.Ashok, learned Additional Government Pleader accepts notice for R1 and R2, Mr.J.Parekh Kumar, learned counsel accepts notice for R3 and Mr.Mohaboob Athiff, learned counsel accepts notice for R4. 2.Challenge in this Writ Petition is to the notice dated 04.11.2025, issued by the Commissioner, Karaikudi. 3.After an elaborate hearing, Mr.R.Rajesh Kumar, learned counsel on record, files a memo to the effect that the petitioner intends to vacate the premises at Door 2/6

Nos.B25, C26 and B23, T.S.No.429, Block-10, Ward 17, Karaikudi, within ten days from today. This memo is recorded.

4.The process of shifting will commence today and hence the petitioner is permitted to liaise with R3 to open the premises which have been sealed, to enable him to remove the machinery and other materials which are in the premises.

5.List on 17.11.2025 under the caption 'to report compliance'.'

2. Today, Mr.V.R.Shanmuganathan, learned counsel for the petitioner confirms that the premises in Door Nos.B25, C26 and B23, T.S.No.429, Block-10, Ward 17, Karaikudi, ('premises') were opened, enabling the petitioner to remove the machinery and other materials and that having completed the process, the premises is under his lock.

3. The authorities are directed to lock the premises again. Since Mr.Shanmuganathan says that the petitioner does not intend to convert the premises to commercial, and there is no necessity for lock and seal by the authorities.

4. As this is a question of fact, we direct the authorities to look into the matter, if a representation is by the petitioner. The authorities must satisfy themselves in this regard.

5. Recording the above, we close this writ petition, declining 3/6

to intervene with notice dated 04.11.2025, subject to the observations as indicated in the paragraphs supra. No costs. Connected miscellaneous petition is closed.

[A.S.M.J.,] & [C.K.J.,] 17.11.2025 NCC :Yes/No Index :Yes/No sm 4/6

TO:-

1. The Secretary to Government, Housing and Urban Development Department, Secretariat, St. George Fort, Chennai.

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

3. The Commissioner, Karaikudi Corporation, Karaikudi, Sivagangai District.

5/6

DR.ANITA SUMANTH, J.

AND C.KUMARAPPAN, J.

sm Order made in Dated:

17.11.2025 6/6