Madras High Court Considers Challenge to Locking and Sealing Notice Under Town and Country Planning Act, 1971. The petitioner challenged a notice directing de-occupation of premises within seven days for alleged unauthorized construction deviations under the Town and Country Planning Act, 1971.

High Court: Madras High Court Bench: Principal
  • 3
Judgement Image
Font size:
Print

Case Note & Summary

The petitioner, Mrs. P. Kavitha, claimed to be the absolute owner of a property measuring 2420 sq. ft. at Plot No. 10, Thangam Colony 1st Street, Anna Nagar, Chennai. She had obtained building plan permission from Chennai Corporation and constructed a two-storey building. The Corporation authorities received complaints from an adjacent plot owner regarding unauthorised construction or deviations. An inspection was conducted and the authorities found several deviations between the approved plans and the actual construction. Specifically, the ground floor and car parking area was 181.42 sq. m. as against the planned 136.73 sq. m.; the first floor was 181.42 sq. m. as against 141.83 sq. m.; the second floor was 181.42 sq. m. as against 99.89 sq. m.; and the terrace floor was 14.22 sq. m. as against 9.00 sq. m. Based on these deviations, the Commissioner of Greater Chennai Corporation passed an order dated 11.06.2024, and the Executive Engineer of Zone-VIII issued a locking and sealing notice dated 18.11.2024. The notice directed the petitioner to de-occupy the premises within seven days to enable the Corporation officials to take appropriate action in accordance with law. Aggrieved, the petitioner filed a writ petition (WP No. 37221 of 2024) before the Madras High Court under Article 226 of the Constitution of India, seeking to quash the notice and forbear the respondents from taking any coercive action of locking and sealing the subject property. The court's final decision is not provided in the available text.

Issue of Consideration

WP No. 37221 of 2024

Subscribe to unlock Issue of Consideration Subscribe Now

Case Details

2025 LawText (MAD) (02) 204

WP No. 37221 of 2024 and WMP No. 40233 of 2024

2025-02-14

S. M. Subramaniam, K. Rajasekar

2025:MHC:754

Mr. K.K. Ram Siddhartha for M/s. Row And Reddy (Petitioner), Mr. T. Chandrasekaran for R1, Mr. D.B.R. Prabhu for R2 & R3

Mrs. P. Kavitha

1. The Secretary To The Government, Housing And Urban Development Department, Fort St. George, Chennai. 2. The Commissioner, Greater Chennai Corporation, Ripon Building, Chennai. 3. The Executive Engineer, Zone-viii, Grater Chennai Corporation, Chennai.

Subscribe to unlock Case Details (Citation, Judge, Date & more) Subscribe Now

Nature of Litigation

Writ petition under Article 226 of the Constitution of India challenging a locking and sealing notice issued by the Executive Engineer of Greater Chennai Corporation.

Remedy Sought

To quash the locking and sealing notice dated 18.11.2024 and forbear further coercive action of locking and sealing the subject property.

Filing Reason

The petitioner challenged the enforcement action of locking and sealing her premises on the ground that the building was constructed with permission and the notice is unwarranted.

Issues

Whether the locking and sealing notice dated 18.11.2024 issued by the 3rd respondent is valid and sustainable in law?

Judgment Excerpts

specifically locking and sealing the premises belonging to the petitioner, as per the orders of the Commissioner, Greater Chennai Corporation dated 11.06.2024 on 29.11.2024. Accordingly, the petitioner was directed to de-occupy the premises within seven days to enable the Greater Chennai Corporation officials to take appropriate action in accordance with law. The petitioner states that she is the absolute owner of the property measuring to an extent of 2420 Sq.ft at Plot No.10, Thangam Colony 1st Street, Anna Nagar, Chennai 600 040. Admittedly, the petitioner constructed a two-storey building by obtaining building plan permission from Chennai Corporation.

Procedural History

The petitioner filed the writ petition directly in the Madras High Court after the issuance of the locking and sealing notice dated 18.11.2024. The matter came up for hearing on 14-02-2025.

Acts & Sections

  • Town and Country Planning Act, 1971:
Subscribe to unlock full Legal Analysis Subscribe Now
Related Judgement
High Court Madras High Court Considers Challenge to Locking and Sealing Notice Under Town and Country Planning Act, 1971. The petitioner challenged a notice directing de-occupation of premises within seven days for alleged unauthorized construction deviations u...
Related Judgement
High Court Bombay High Court Orders Refund of Rs.56 Crore Service Tax Deposit Retained Without Authority of Law. Petitioner Bank's deposit made under protest to buy peace on interchange income cannot be retained without show cause notice or adjudication order.