Madras High Court
WP/40359/2026 of V.HARIBABU Vs THE SECRETARY TO GOVERNMENT OF TAMILNADU on 9 October 2026
WP No. 40359 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 09-10-2026
CORAM
THE HON'BLE MR JUSTICE S. M. SUBRAMANIAM
AND
THE HON'BLE MR.JUSTICE R.RAJESH VIVEKANANTHAN
WP No. 40359 of 2026
CNR:{HCMA012280842026}
AND
WMP NO. 45314 OF 2026,WMP NO. 45315 OF 2026
1. V.Haribabu
S/o.Pensillaiah
Both are residing at
No.5, thirukral street, anna nagar,
Hasthinapuram, Chennai – 600044.
2. V.Shanthi
W/o.B.Haribabu,
Both are residing at
No.5, thirukral street, anna nagar,
hasthinapuram, chennai - 600044.
..Petitioners
Vs
1. The Secretary To Government Of Tamilnadu, Housing and Urban development (Ud4(3))Department, secretariat, Fort St.george, chennai – 600009.
2. The Commissioner
Tambaram Corporation, 3rd main road,
Pallavaram New colony, Chromepet,
Chennai - 600044.
..Respondents
WP No. 40359 of 2026
Prayer : Writ Petition under Article 226 of the Constitution of India praying for a Writ of Certiorarified Mandamus to call for the records of the 2nd respondent the impugned notice vide Na.Ka.No.797/2023/F1 dated 07.08.2026 and to quash the same and to consequently directing the 2nd respondent to revoke the same.
For Petitioners :
Ms.S.Anitha
for Mr.R.Balaguruswamy
For Respondents :
Mr.K.Surender
Special Government Pleader for R1
Mr.P.Srinivas
Standing Counsel for R2
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Order
(Order of the Court was made by S.M.Subramaniam J.) The order dated 03.09.2026 issued by Commissioner, Tambaram Corporation is under challenge in the present writ petition.
2. The petitioners have constructed unauthorised building without obtaining planning permission. Thus, the Tambaram Corporation initiated enforcement actions. The building was locked and sealed. Based on the representation of the writ petitioners that they will remove the unauthorised construction, the Corporation authorities removed the lock and seal enabling the petitioners to remove the unauthorised construction and report the same to the authorities. Even after 60 days, the petitioners have not removed the
WP No. 40359 of 2026
unauthorised construction as per their own promise. Thus, the authorities have again locked and sealed the premises through the impugned proceedings dated 03.09.2026. Learned counsel for the petitioners would submit that, after lock and seal notice, de-occupation notice was issued.
3. Be that as it may. The authorities have already granted time to the petitioners to rectify the deviation / unauthorised construction. It is for the petitioners to rectify the same and inform to the authorities, enabling them to proceed further. When the petitioners themselves have given an undertaking that they will remove the unauthorised construction, there is no reason for this Court to entertain the present writ petition. Therefore, it is for the petitioners to approach the competent authority regarding the removal of unauthorised building already constructed.
4. With the above observations, the writ petition is dismissed. No costs. W.M.P.No.45314 of 2026 is ordered. W.M.P.No.45315 of 2026 is closed. (S.M.S.,J.) (R.R.V.,J.) 09-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No KST
WP No. 40359 of 2026
S.M.SUBRAMANIAM J. AND R.RAJESH VIVEKANANTHAN J. KST To
1. The Secretary To Government Of Tamilnadu, Housing and Urban development (Ud4(3))Department, secretariat, Fort St.george, chennai – 600009.
2. The Commissioner Tambaram corporation, 3rd main road, pallavaram new colony, Chromepet, Chennai - 600044. WP No. 40359 of 2026 09-10-2026