Madras High Court Adjudicates Writ Petition Against Lock and Seal of Residential Property. Challenge Pertains to Notice Issued by Greater Chennai Corporation Without Adequate Reasoning Under Article 226 of Constitution.

High Court: Madras High Court Bench: Principal
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Case Note & Summary

The writ petition, numbered W.P.No.25467 of 2024, was filed before the High Court of Judicature at Madras under Article 226 of the Constitution of India. The petitioner, N. Mohana Deepa, daughter of P. Natarajan, sought a writ of certiorarified mandamus to quash a letter dated 29.04.2024 issued by the Government of Tamil Nadu, Housing and Urban Development Department, and the subsequent lock and seal and de-occupation notice dated 21.06.2024 issued by the Assistant Engineer (7th respondent) of the Greater Chennai Corporation, Zone 13. The petitioner claimed to be the absolute owner of a building and land measuring 759 square feet, situated at Door No.26/11A, 1st Street, Govindarajapuram, Adyar, Chennai, comprised in Town Survey No.31, Block No.38 (Old Survey No.19/2). The respondents included various government authorities: the Secretary and Additional Secretary of the Housing and Urban Development Department, the Member Secretary of Chennai Metropolitan Development Authority, the Commissioner and other officials of the Greater Chennai Corporation, as well as two private individuals, K. Charles Vijayaraj and D. Palaneeswari. According to the petition, the Greater Chennai Corporation received a complaint, the details of which were not fully set out in the available extract, leading to the issuance of the impugned lock and seal and de-occupation notice. The petitioner contended that these actions were without proper justification and sought their quashing along with a direction to de-seal the property. The matter came up for hearing before a Division Bench comprising Justice S.M. Subramaniam and Justice K. Rajasekar. The advocates appearing were Ms. Subhashree G. for the petitioner, Mr. T. Chandrasekaran (Special Government Pleader) for respondents 1 and 2, Mr. R. Thamaraisalvan (Standing Counsel) for respondent 3, and Ms. P.T. Ramadevi (Standing Counsel) for respondents 4 to 7. No further pleadings, arguments, or final decision were recorded in the extracted portion of the judgment, rendering the outcome unascertainable from the given text.

Issue of Consideration

W.P.No.25467 of 2024

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Case Details

2025 LawText (MAD) (02) 137

W.P.No.25467 of 2024 and W.M.P.Nos.27830 & 27831 of 2024

2025-02-10

S.M. Subramaniam, K. Rajasekar

Ms. Subhashree G, Mr. Nagendraprasath, Mr. T. Chandrasekaran, Mr. R. Thamaraisalvan, Ms. P.T. Ramadevi

N. Mohana Deepa

1. The Secretary to Government, Housing and Urban Development Department, Chennai; 2. The Additional Secretary to Government, Housing and Urban Development Department; 3. The Member Secretary, CMDA; 4. The Additional Chief Secretary/The Commissioner, Greater Chennai Corporation; 5. The Zonal Officer, Zone 13; 6. The Executive Engineer, Zone 13; 7. The Assistant Engineer, Zone 13; 8. K. Charles Vijayaraj; 9. D. Palaneeswari

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Nature of Litigation

Writ petition under Article 226 of the Constitution of India seeking quashing of lock and seal order and de-occupation notice.

Remedy Sought

Petitioner N. Mohana Deepa sought quashing of the order dated 21.06.2024 and the government letter dated 29.04.2024, and a direction to de-seal the property at No.26/11A, Govindarajapuram, 1st Street, Adyar, Chennai.

Filing Reason

The property was locked and sealed and a de-occupation notice was issued by the Assistant Engineer of Greater Chennai Corporation, allegedly without proper justification.

Judgment Excerpts

The letter dated 29.04.2024 issued by the Government and the subsequent Lock and Seal and De-occupation notice dated 21.06.2024 issued by the 7th respondent are sought to be assailed in the present writ petition. The petitioner states that she is the absolute owner of the building and land to an extent of 759 square feet comprised in Town Survey No.31, Block No.38, (Old Survey No.19/2), bearing Door No.26/11A, 1st street, Govindarajapuram, Adyar, Chennai - 600 020.

Acts & Sections

  • Constitution of India: Article 226
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High Court Madras High Court Adjudicates Writ Petition Against Lock and Seal of Residential Property. Challenge Pertains to Notice Issued by Greater Chennai Corporation Without Adequate Reasoning Under Article 226 of Constitution.