[Cites 3, Cited by 0]
Madras High Court
R.Padmavathi vs The Additional Secretary To Government on 23 March, 2026
Author: N.Sathish Kumar
Bench: N.Sathish Kumar
W.P(MD)No.7715 of 2026
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 23.03.2026
CORAM:
THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR
and
THE HONOURABLE MR.JUSTICE M.JOTHIRAMAN
W.P(MD)No.7715 of 2026
R.Padmavathi ... Petitioner
vs.
1.The Additional Secretary to Government,
Housing and Urban Development Department,
Secretariat, Chennai.
2.The Director of Town and Country Planning,
Chennai – 600 107.
3.The Assistant Director,
District Town and Country Planning Office,
Thoothukudi – 628 008.
4.The Municipal Commissioner,
Kovilpatti Municipal Office,
Kovilpatti, Thoothukudi District. ... Respondents
PRAYER : Writ Petition filed under Article 226 of the Constitution of India
praying for issuance of a Writ of Mandamus, directing the first respondent
not to seal the petitioner's building on 23.03.2026 and further direct the first
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W.P(MD)No.7715 of 2026
respondent to extend the period of six months or until the disposal of the
appeal pending before the first respondent under Section 80-A of the
TamilNadu Town and Country Planning Act, 1971.
For Petitioner : Mr.S.Ramasamy
For Respondents : Mr.J.Ashok (R1 to R3)
Additional Government Pleader
: Mr.P.Srinivas (R4)
Standing Counsel
ORDER
(Order of the Court was made by N.SATHISH KUMAR, J.)
The petitioner has filed the present Writ Petition seeking a
direction to the first respondent not to seal the petitioner’s building on
23.03.2026 and further to direct the first respondent to extend the period for
six months or until the disposal of the appeal pending before the first
respondent under Section 80-A of the Tamil Nadu Town and Country
Planning Act, 1971.
2.The petitioner contends that the original building plan for her
property was approved in 2015 for Ground + 1 Floor. Subsequently, in view
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of the prevailing development pattern in the locality, where surrounding
buildings, including those of immediate neighbours, are Ground + 2 Floors,
her husband decided to construct an additional floor with a bona fide
intention of submitting revised plans for regularization.
3.The petitioner states that her husband, being an NRI employed
in Muscat, Sultanate of Oman, could not immediately approach the
Municipality due to his continuous overseas employment, heavy workload,
and frequent travel, resulting in inadvertent delay.
4.The petitioner further submits that a volunteer filed a PIL with
ulterior motives, instigating a litigant to seek demolition of the building in
W.P.(MD) No. 21270 of 2021 without impleading her as a party. Thereafter,
officials of the fourth respondent issued a Lock and Seal Order under Form
VII, Rule 7 of the Tamil Nadu Town and Country Planning (Removal of
Unauthorized Development) Rules, 2022, bearing Order No. BA No.
27/2015 Fl dated 07.01.2026, and locked and sealed the building on
07.01.2026 and 09.02.2026.
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5.Aggrieved over the same, the petitioner filed a Revision
Petition under Section 80-A of the Tamil Nadu Town and Country Planning
Act, 1971, along with a Stay Petition under Section 80-A(3), and appeared
before the first respondent with relevant documents on 03.02.2026.
However, the stay petition was dismissed on 12.02.2026, citing pendency of
W.P.(MD) No. 21270 of 2021.
6.The petitioner thereafter submitted a detailed representation
dated 25.02.2026 requesting de-sealing of the building, as tenants and
commercial establishments were suffering. Subsequently, in W.P.(MD)No.
4853 of 2026, this Court directed the first respondent to consider the
representation, and by letter dated 26.02.2026, permission was granted to
de-seal the building for ten days. Considering the commercial nature of the
premises, this Court extended the de-sealing period up to 23.03.2026.
7.When the matter is taken up for hearing today, the learned
counsel appearing for the petitioner submitted that the petitioner seeks time
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to remove all goods from the premises on or before 26.03.2026. The
petitioner contends that while the tenants on the first floor have vacated,
some shops on the ground floor still require time to remove belongings.
8.In view of the above, the authorities concerned are directed to
allow removal of goods until 26.03.2026 as a final opportunity. In the event
the petitioner fails to vacate by the said date, the authorities are at liberty to
seal the entire building. The authorities may immediately seal the first floor,
which is admittedly vacated.
9.With the above directions, this Writ Petition is disposed of.
There shall be no order as to costs.
[N.S.K.,J.] [M.J.R.,J.]
23.03.2026
NCC : Yes / No
Index : Yes / No
Internet : Yes
ps
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To
1.The Additional Secretary to Government,
Housing and Urban Development Department,
Secretariat,
Chennai.
2.The Director of Town and Country Planning,
Chennai – 600 107.
3.The Assistant Director,
District Town and Country Planning Office,
Thoothukudi – 628 008.
4.The Municipal Commissioner,
Kovilpatti Municipal Office,
Kovilpatti,
Thoothukudi District.
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N.SATHISH KUMAR, J.
and
M.JOTHIRAMAN, J.
ps
ORDER MADE IN
DATED : 23.03.2026
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