Case Note & Summary
The petitioners, a husband and wife, filed a writ petition under Article 226 of the Constitution of India before the High Court of Madras, seeking a writ of certiorarified mandamus to quash a notice dated 14.03.2024 issued by the second respondent, the Commissioner of Dharapuram Municipality, under Section 56(2-A) of the Tamil Nadu Town and Country Planning Act, 1971. The notice directed the locking and sealing of their premises. The petitioners also filed a revision/appeal under Section 80-A of the Act before the first respondent, the Principal Secretary, Housing and Urban Development Department, on 08.07.2024. During the hearing, the petitioners' counsel submitted that the revision petition was already preferred before the government. The Special Government Pleader for the first respondent informed the court that an inquiry was conducted on 10.09.2024 and was nearing completion, and that the authorities would pass final orders soon. In view of this submission, the court held that no further adjudication was required. The writ petition was accordingly disposed of, and the connected miscellaneous petition was closed. No costs were awarded. The court did not examine the merits of the challenge to the locking and sealing notice or the legal questions raised, but effectively stayed its hands pending the outcome of the statutory revision before the government. The decision reflects a procedural disposal without a ruling on the substantive issues, leaving the petitioners to await the result of the pending revision.
Issue of Consideration
Challenge to the locking and sealing notice under Section 56(2-A) of the Tamil Nadu Town and Country Planning Act and the maintainability of the writ petition in light of the pending revision under Section 80-A.
Final Decision
The writ petition stands disposed of in view of the submission that the revision petition is under active consideration and the authorities will pass final orders soon. No further adjudication is required. The connected writ miscellaneous petition is closed. No costs.
Case Details
2025 LawText (MAD) (03) 172
WP No.19933 of 2024 and WMP Nos.21805, 21806 of 2024
S. M. Subramaniam, K. Rajasekar
Mr.R.Arumugam for petitioners; Mr.E.Veda Bagath Singh for R1; Mr.P.Srinivas for R2
1. S.Sivalingam, 2. Jeevitha
1. The Principal Secretary, Housing And Urban Development Department; 2. The Commissioner, Dharapuram Municipality
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Nature of Litigation
Writ petition under Article 226 of the Constitution of India seeking certiorarified mandamus against a notice for locking and sealing of premises under the Tamil Nadu Town and Country Planning Act.
Remedy Sought
Petitioners sought to quash the impugned notice dated 14.03.2024 and direct the first respondent to consider their revision/appeal filed under Section 80-A of the Act.
Filing Reason
The second respondent issued a notice under Section 56(2-A) of the Tamil Nadu Town and Country Planning Act for locking and sealing of premises; the petitioners challenged it and also filed a revision petition before the government.
Previous Decisions
A revision petition under Section 80-A was filed before the first respondent on 08.07.2024 and an enquiry was conducted on 10.09.2024; final orders are awaited.
Issues
Whether the writ petition should be adjudicated given the pendency of the revision petition under Section 80-A of the Tamil Nadu Town and Country Planning Act.
Submissions/Arguments
Petitioners had already filed a revision petition under Section 80-A of the Tamil Nadu Town and Country Planning Act.
Respondents stated that the revision petition is under consideration and final orders will be passed soon.
Judgment Excerpts
The learned counsel appearing for the petitioners would submit that the petitioners preferred a revision petition under Section 80-A of the Tamil Nadu Town and Country Planning Act before the Government.
The learned Special Government Pleader appearing on behalf of the first respondent would submit that enquiry was conducted on 10.09.2024 and is in verge of completion. The authorities will pass final orders soon.
In view of the said submission, no further adjudication is required. The writ petition stands disposed of.
Procedural History
The petitioners filed W.P.No.19933 of 2024 challenging a notice dated 14.03.2024 issued under Section 56(2-A) of the Tamil Nadu Town and Country Planning Act. They also filed a revision/appeal under Section 80-A of the Act before the first respondent on 08.07.2024. The court, upon hearing both sides, noted the pendency of the revision and disposed of the writ petition without further adjudication.
Acts & Sections
- Constitution of India: Article 226
- Tamil Nadu Town and Country Planning Act, 1971: Section 56(2-A), Section 80-A
