Case Note & Summary
The writ petition under Article 226 of the Constitution of India sought a mandamus directing respondents 4 to 6, officials of the Greater Chennai Corporation, to de-seal the lock and seal placed on premises at Door No. 37/97, Rajaji Street, Madhavaram, Chennai. The 8th respondent, Tmt. B. Jeyanthi, had made a complaint that buildings were constructed unauthorisedly on land for which no patta existed. When no action was taken by the authorities, she filed W.P. No. 11584 of 2024, and a Division Bench of this court passed an order on 22.08.2024 directing the official respondents to take necessary action for removal of the unauthorised construction within twelve weeks. Thereafter, the Greater Chennai Corporation issued a Lock and Seal and De-occupation Notice dated 20.11.2024. The said notice revealed that action had been taken in 2023 itself and that Stop Work Notice, Lock and Seal, and Demolition and De-occupation Notice were issued to the petitioner on various dates. However, the record abruptly ends, and the final decision of the court is not available. The matter involved the propriety of sealing premises after a Division Bench order and whether the petitioner could seek de-sealing through a writ of mandamus. The petitioner was represented by Senior Counsel Mrs. AL. Ganthimathi, while the respondents were represented by various standing counsels. Due to the incomplete text, the court’s analysis, reasoning, and final direction remain unknown.
Issue of Consideration
Whether the petitioner is entitled to a writ of mandamus directing de-sealing of premises sealed by the Corporation following a Division Bench order for removal of unauthorised constructions
Case Details
2025 LawText (MAD) (02) 115
W.P.No.6145 of 2025 and W.M.P.No.6756 of 2025
S.M. Subramaniam, K. Rajasekar
AL. Ganthimathi (Senior Counsel for Petitioner), L. Palani Muthu (Advocate for Petitioner), M. Alagu Goutham (Government Advocate for R1), G.T. Subramanian (Standing Counsel for R2-R6), Sindhuza M.S. (Standing Counsel for TANGEDCO, R7)
The State of Tamil Nadu, The Commissioner (Greater Chennai Corporation), The Regional Deputy Commissioner (Northern Zone, Greater Chennai Corporation), The Executive Engineer (Zone III, Div No.25), The Assistant Executive Engineer (Zone III, Div No.25), The Assistant Engineer (Zone III, Div No.25), The Assistant Engineer (Tamil Nadu Electricity Board, Madhavaram Division), B. Jeyanthi
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Nature of Litigation
Writ petition under Article 226 of the Constitution seeking mandamus to de-seal residential premises
Remedy Sought
Petitioner Loganathan sought direction to respondents 4-6 to de-seal lock and seal of Door No.37/97, Rajaji Street, Madhavaram, Chennai
Filing Reason
The premises were sealed following a complaint by 8th respondent about unauthorised construction without patta, and after a Division Bench order directing removal of unauthorised constructions
Previous Decisions
In W.P.No.11584/2024 filed by respondent B. Jeyanthi, a Division Bench order dated 22.08.2024 directed officials to take action to remove unauthorised constructions within twelve weeks. Thereafter, Lock and Seal and De-occupation Notice dated 20.11.2024 was issued, and earlier notices had been issued in 2023
Issues
Whether the petitioner is entitled to a writ of mandamus directing de-sealing of premises sealed by the Corporation following a Division Bench order for removal of unauthorised constructions
Judgment Excerpts
The writ of mandamus has been instituted to direct the respondents 4 to 6 herein to forthwith de-seal the lock and seal of the premises situate at Door No.37/97, Rajaji Street, Madhavaram, Chennai - 600 060.
One Tmt.B.Jeyanthi/8th respondent has given a complaint stating that the buildings are constructed unauthorisedly in the subject land and there is no Patta for the lands in which constructions are made.
Thereafter, Lock and Seal and De-occupation Notice was issued by the Greater Chennai Corporation in proceedings dated 20.11.2024.
Procedural History
The 8th respondent filed W.P.No.11584/2024 complaining about unauthorised constructions. Division Bench on 22.08.2024 directed removal. Corporation issued Lock and Seal and De-occupation Notice on 20.11.2024, pursuant to notices from 2023. Petitioner filed present writ petition seeking de-sealing.
Acts & Sections
- Constitution of India: Article 226
