Seenivasan K v. The Member Secretary

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 30.01.2026

CORAM:

THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN and THE HONOURABLE MR.JUSTICE K.K.RAMAKRISHNAN W.P.(MD)No.35179 of 2025 and W.M.P.(MD)Nos.27882 & 27883 of 2025 K.Seenivasan ... Petitioner -vs1.The Member Secretary, Dindigul Local Planning Authority, Dindigul - 624 003.

2.The Commissioner, Corporation of Dindigul, Dindigul.

3.K.Kannan ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, calling for the records of the

second respondent in Na.KA.No.8014/2021/F3 dated 13.11.2025 and in Na.Ka.No.8014/2021/F3 dated 21.11.2025 and quash the same as illegal and consequently direct the first respondent to regularize the additional construction as per the regularization application filed in online application No.2019030020018142 dated 3.7.2019.

For Petitioner : Mr.C.Arul Vadivel @ Sekar Senior Counsel for Mr.R.R.Kannan For Respondent No.1 : Mr.S.R.A.Ramachandran Additional Government Pleader For Respondent No.2 : Mr.J.Lawrance Standing Counsel For Respondent No.3 : Mr.T.Lajapathi Roy Senior Counsel for M/s.Roy & Roy Associates

O R D E R

[Order of the Court was made by DR.G.JAYACHANDRAN, J.] The subject matter of the Writ Petition is the impugned notice issued by the Dindigul Municipality on 13.11.2025, directing the writ petitioner to remove five flats constructed unauthorisedly without proper planning permission.

2.The short point involved in this case is that the writ petitioner claims that he made application for regularisation through online on 03.07.2019 and the same not been so far considered by the first respondent. Therefore, the impugned order has to be quashed. 3.However, it is contended by the learned Counsel appearing for the third respondent that the impugned order was issued pursuant to the direction of this Court in W.P.(MD)No.20186 of 2021 dated 25.03.2024 and after giving due opportunity to the petitioner herein. 4.This Court, to verify whether the applications dated 03.07.2019 alleged to have been submitted by the petitioner herein been considered by the first respondent and any order passed, called for the records.

The dispatch register produced by the learned Counsel for the first respondent only indicates that the application for regularisation has been returned through post on 05.09.2019 but there is no indication or proof to show if the said communication was received by the writ petitioner. That apart, the communication of the Joint Director of Town and Country Planning, Dindigul addressed to the petitioner herein vide Na.Ka.No.1269/2024 dated 20.03.2025, indicates that his representation dated 30.07.

not considered since his earlier request for regularisation dated 05.09.2019 was returned seeking further clarification and clarification was not received even after expiry of one year. This communication also indicates that the non-consideration of the application for regularisation was informed to one K.Kannan, who is the third respondent. 5.The learned Counsel appearing for the petitioner would submit that even this communication was not received by him though the petitioner's name is shown as the addressee.

6.In any event, we find that the application of the petitioner herein for regularisation not been considered on merits so far. In such circumstances to give an opportunity to the petitioner herein, we direct the petitioner herein to submit his application for regularisation in person to the first respondent within a period of two [2] weeks from today. On receipt of the application for regularisation, same has to be considered in accordance with law and disposed of, within a period of two [2] months from the date of receipt of the application for regularisation. Till then, there shall not be any coercive steps regarding the alleged unauthorised construction.

7.Accordingly, this Writ Petition stands disposed of. There shall be no order as to costs. Consequently, connected miscellaneous petitions are closed.

[G.J., J.] & [K.K.R.K., J.] 30.01.2026 NCC :

Yes / No Index :

Yes / No Internet:

Yes / No MR

To 1.The Member Secretary, Dindigul Local Planning Authority, Dindigul - 624 003.

2.The Commissioner, Corporation of Dindigul, Dindigul.

DR.G.JAYACHANDRAN, J.

AND K.K.RAMAKRISHNAN, J.

MR W.P.(MD)No.35179 of 2025 30.01.2026