Madras High Court
M.C.Thiagaraajan vs The State Of Tamil Nadu on 28 April, 2025
Author: S.M.Subramaniam
Bench: S. M. Subramaniam
WP No. 5854 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 28-04-2025
CORAM
THE HONOURABLE MR JUSTICE S. M. SUBRAMANIAM
AND
THE HONOURABLE MR.JUSTICE K.RAJASEKAR
WP No. 5854 of 2024
and
WMP.Nos.6480, 6481 & 6482 of 2024
1. M.C.Thiagaraajan
2.T.Prema
Petitioner(s)
Vs
1. The State of Tamil Nadu,
Rep. by its Secretary to Government, Housing
and Urban Development Department,
Fort St. George, Chennai-600 009.
2.The Member Secretary,
Chennai Metropolitan Development Authority,
Thalamuthu Natarajar Maaligai, Gandhi Irwin
Road, Egmore, Chennai-600 008.
3.The Commissioner,
Greater Chennai Corporation, Rippon Building,
Park Town, Chennai-600 003.
1/6
https://www.mhc.tn.gov.in/judis ( Uploaded on: 02/05/2025 01:05:34 pm )
WP No. 5854 of 2024
4.The Assistant Commissioner,
Greater Chennai Corporation, Zone VII,
Shenoy Nagar, Chennai -600 030.
5.The Executive Engineer,
Greater Chennai Corporation, Zone VIII,
Shenoy Nagar, Chennai-600 030.
6.U.Balashanumugam
Respondent(s)
PRAYER
Writ Petition filed under Article 226 of the Constitution of India, seeking for an
issuance of writ of certiorari, calling for the records relating to the lock and seal
notice dated 27.02.2024 under section 56 and 57 read with Section 85 of the
Tamil Nadu Town and Country Planning Act, 1971 in respect of the building at
No.19/50, Harleys Lane, Off Harlyes Road, Kilpauk, Chennai-600 010 by the
respondent Greater Chennai Corporation by Division 100, Unit 23 and Zone 8
and quash the same.
For Petitioner(s): Mrs.R.Priyadharshini
for Mr.L.Palannimuthu
For Respondent(s): Mr.E.Ranganayaki
Additional Government Pleader for R1
Mr.D.B.R.Prabhu
Standing Counsel for GCC for R3 to R5
Mr.Y.Bhuvaneshkumar
Standing Counsel for CMDA for R2
Mrs.M.Vidya for R6
2/6
https://www.mhc.tn.gov.in/judis ( Uploaded on: 02/05/2025 01:05:34 pm )
WP No. 5854 of 2024
ORDER
(Order of the Court was made by S.M.Subramaniam J.) The Lock and Seal Notice dated 27.02.2024 issued under Section 56 & 57 r/w Section 85 of Tamil Nadu Town and Country Planning Act is under challenge in the present writ petition.
2. No writ against the Lock and Seal notice is entertainable, since revision is made available under Section 80-A of the Town and Country Planning Act before the Government.
3. However, this Court directed the Chennai Corporation to conduct an inspection and submit a report. The Executive Engineer, Zone-8, Greater Chennai Corporation filed a status report which reveals that unauthorised construction are identified and the details are as follows:
"5. ....as per the above orders the building in question at No.19/50, Harleys Lane, Harleys Road, Kilpauk, Chennai - 600 010 was inspected by the officials of Greater Chennai Corporation on 22.11.2024. I further submit that the 3rd and 4th floor of the building 3/6 https://www.mhc.tn.gov.in/judis ( Uploaded on: 02/05/2025 01:05:34 pm ) WP No. 5854 of 2024 in question was already locked and sealed by the Greater Chennai Corporation, and the petitioners have not rectified/demolished the 3rd and 4th floor of the building. Further with respect to the stilt floor, first floor and second floor were inspected and measurements were taken in the presence of the 1st petitioner herein are as follows:
Sl.No. Floor As per plan As per site Unauthorised/ Remark Deviation Building 1 Stilt Floor 202.29m2 295.33 m2 93.04 m2 Deviation 2 First Floor 202.29m2 344.77 m2 142.48 m2 Deviation 3 Second Floor 202.29 m2 307.59 m2 105.30 m2 Deviation 4 Third Floor - 109.60 m2 109.60 m2 Unauthorised 5 Fourth Floor - 109.60 m2 109.60 m2 Unauthorised 2 2 2 6 Head Room 10.99 m 13.20 m 2.21 m Deviation
6. ...the petitioners have not rectified the deviation in the stilt floor, first floor and second floor also found that the petitioners herein have constructed their building without leaving setbacks and the petitioners herein as stated by them before this Hon'ble Court."
4. Since unauthorised buildings are identified by the Corporation Authorities, they are directed to continue the enforcement actions by following the procedures as contemplated under the relevant Statutes and Rules. The said exercise is directed to complete within a period of eight (8) weeks from the date of receipt of a copy of the order.
4/6https://www.mhc.tn.gov.in/judis ( Uploaded on: 02/05/2025 01:05:34 pm ) WP No. 5854 of 2024 Accordingly, the Writ Petition stands disposed of. No costs.
Consequently, connected miscellaneous petitions are closed.
(S.M.SUBRAMANIAM J.) (K.RAJASEKAR J.) 28-04-2025 (2/2) veda Index:Yes/No Speaking/Non-speaking order Internet:Yes Neutral Citation:Yes/No To
1.The State of Tamil Nadu, Rep. By Its Secretary To Government, Housing And Urban Development Department, Fort St. George, Chennai-600 009.
2.The Member Secretary, Chennai Metropolitan Development Authority, Thalamuthu Natarajar Maaligai, Gandhi Irwin Road, Egmore, Chennai-600 008.
3.The Commissioner Greater Chennai Corporation, Rippon Building, Park Town, Chennai-600 003.
4.The Assistant Commissioner Greater Chennai Corporation, Zone VIII, Shenoy Nagar, Chennai -600 030.
5/6https://www.mhc.tn.gov.in/judis ( Uploaded on: 02/05/2025 01:05:34 pm ) WP No. 5854 of 2024 S.M.SUBRAMANIAM J.
AND K.RAJASEKAR J.
veda
5.The Executive Engineer Greater Chennai Corporation, Zone VIII, Shenoy Nagar, Chennai-600 030.
WP No. 5854 of 202428-04-2025 (2/2) 6/6 https://www.mhc.tn.gov.in/judis ( Uploaded on: 02/05/2025 01:05:34 pm )