Citation : 2026 Latest Caselaw 1253 Mad
Judgement Date : 13 March, 2026
W.P.No.10248 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 13.03.2026
CORAM :
THE HONOURABLE MR. SUSHRUT ARVIND DHARMADHIKARI,
CHIEF JUSTICE
AND
THE HONOURABLE MR.JUSTICE G.ARUL MURUGAN
W.P.No.10248 of 2026
and W.M.P.No.11106 of 2026
S.Neela
W/o.T.Srinivasan,
No.36/28, New Colony First Street,
Adambakkam, Chennai 600 088
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
3.The Commissioner
Greater Chennai Corporation,
Ripon Building,
Chennai 600 003
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W.P.No.10248 of 2026
4.The District Revenue Officer
Zonal Officer 12,
Greater Chennai Corporation,
No.1, New Street, Near GST Road,
Alandur, Chennai 600 016
5.The Executive Engineer
Zonal 12,
Greater Chennai Corporation,
No.1, New Street, Near GST Road,
Alandur, Chennai 600 016
6.The Assistant Executive Engineer
Unit-36, Zonal 12,
Greater Chennai Corporation,
No.1, New Street, Near GST Road,
Alandur, Chennai 600 016
7.The Assistant Engineer
Div-163, Unit 36 Zone 12,
Greater Chennai Corporation,
No.1 New Street, Near GST Road,
Alandur, Chennai 600 016
Respondents
PRAYER: Petition filed under Article 226 of the Constitution of India
seeking issuance of a writ of mandamus directing the 2nd respondent
to expeditiously dispose the prayer for stay made in application on
03.03.2026 praying to stay of operation of Lock and Seal Notice dated
19.02.2026 issued by respondents 5 to 7 and stay the operation of the
lock and seal notice dated 03.03.2026 till the 2nd respondent disposes
the stay petition on merits.
For Petitioner: Mr.U.Venkatesh
for Mr.Muthuraman.V.
For Respondents: Mr.M.Habeeb Rahman
Government Advocate
for R1 and R2
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W.P.No.10248 of 2026
Mr.M.Suresh Kumar
Additional Advocate General
assisted by
Mr.E.C.Ramesh
Standing Counsel
for R3 to R7
ORDER
(Order of the Court was made by the Hon'ble Chief Justice)
Heard on admission.
2. The present writ petition under Article 226 of the Constitution
of India has been filed seeking the following relief:
“For the reasons stated in the accompanying affidavit, most humbly pray that this Hon’ble Court may be pleased to issue a Writ of Mandamus or any other appropriate writ or direction in the nature of writ, directing the 2 nd respondent to expeditiously dispose the prayer for stay made in Application on 03.03.2026 praying to stay of operation of Lock and Seal Notice dated 19.02.2026 issued by respondents 5 to 7 and stay the operation of the lock and seal notice dated 03.03.2026 till the 2 nd respondent disposes the stay petition on merits and pass such further or other orders as this Hon’ble Court may deem fit and proper in the circumstances of the case and thus render justice.”
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2. The grievance of the petitioner is that even though the
petitioner has challenged the lock and seal notice before the
Government by way of appeal under Section 80A of the Tamil Nadu
Town and Country Planning Act, 1971 along with an application for
stay, yet, the stay application has not been taken up for hearing.
3. Learned counsel for the petitioner submitted that the
petitioner apprehends that even before a decision is taken on the stay
application, the respondent Corporation may proceed to execute and
implement the order by putting lock and seal on the property in
question.
4. At this stage, learned State counsel submitted that the
hearing of the stay application has been fixed on 27.03.2026 and the
same shall be taken up for hearing on the said date.
5. In view of the aforesaid statement made by learned State
counsel, the appellate authority is directed to decide the application for
stay on the next date of hearing, i.e. 27.03.2026, positively. Till then,
no coercive action be taken against the property in question pursuant ______________
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to the lock and seal notice.
6. With the above observation and direction, the writ petition
stands disposed of. There shall be no order as to costs. Consequently,
the interim application is closed.
(SUSHRUT ARVIND DHARMADHIKARI, CJ) (G.ARUL MURUGAN,J) 13.03.2026 Index : Yes/No Neutral Citation : Yes/No bbr
To:
1.The Secretary, State of Tamil Nadu Housing and Urban Development Department, Secretariat, Chennai 600 009
2.The Additional Secretary (Technical) Housing and Urban Development Department, Secretariat, Chennai 600 009
3.The Commissioner Greater Chennai Corporation, Ripon Building, Chennai 600 003
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4.The District Revenue Officer Zonal Officer 12, Greater Chennai Corporation, No.1, New Street, Near GST Road, Alandur, Chennai 600 016
5.The Executive Engineer Zonal 12, Greater Chennai Corporation, No.1, New Street, Near GST Road, Alandur, Chennai 600 016
6.The Assistant Executive Engineer Unit-36, Zonal 12, Greater Chennai Corporation, No.1, New Street, Near GST Road, Alandur, Chennai 600 016
7.The Assistant Engineer Div-163, Unit 36 Zone 12, Greater Chennai Corporation, No.1 New Street, Near GST Road, Alandur, Chennai 600 016
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THE HON'BLE CHIEF JUSTICE AND G.ARUL MURUGAN,J.
bbr
13.03.2026 ______________
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