Madras High Court

WP/39335/2026 of M.SUKUMAR Vs THE ADDITIONAL SECRETARY (TECHNICAL) on 8 October 2026

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WP No. 39335 of 2026

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 08-10-2026

CORAM

THE HON'BLE MR JUSTICE S. M. SUBRAMANIAM

AND

THE HON'BLE MR.JUSTICE R.RAJESH VIVEKANANTHAN

WP No. 39335 of 2026

and

WMP Nos.44192 & 44193 of 2026

CNR: {HCMA012310862026}

1. M.Sukumar

2. A.Krishnarajan

3. Vigneshwaran

4. R.Kumar

5. Lakshmi Narayanan Thiyagarajan

6. R.Sivakumar

7. M.Vanitha

..Petitioner(s)

Vs

1. The Additional Secretary (Technical)

Housing and Urban Development Department, Government of Tamilnadu, Fort St.George, Chennai – 600009.

2. The Commissioner

Greater Chennai Corporation,

Rippon Buildings, Chennai - 600003.

3. The Executive Engineer

Zone-7 (Ambattur),

Greater Chennai Corporation,

Ambattur, Chennai - 600053.

WP No. 39335 of 2026

4. The Assistant Engineer

Division-84, Unit-19, Zone-7,

Greater Chennai Corporation, Korattur,

Chennai - 600080.

5. V.Arun Kumar

6. Mrs.Vijayalakshmi

..Respondent(s)

Prayer: Writ Petition under Article 226 of the Constitution of India praying for a Writ of Certiorarified Mandamus to call for the records pertaining to the order passed in the proceedings vide letter No.10770755/UD-7(2)/2025-3 dated 06.05.2026 on the file of the 1st respondent and quash the same with a direction to the 1st respondent to consider and process the claims of the petitioners made subsequently in the light of the representations dated 30.07.2026 and 03.09.2026 given by the petitioners in objecting to the inadequate and insufficient time in the De-Occupation notice dated 27.07.2026 praying for grant of sufficient time for us to relocate our respective business establishments.

For Petitioner(s):

Mr. S.Mukunth, Senior Counsel

for Mr.N.Boominathan

For Respondent(s):

Mr. B. Sivakollappan

AGP for R1

Mr.D.B.Prabhu

Standing Counsel for R2 to R4

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ORDER

(Order of the Court was made by S.M.Subramaniam J.) The present writ petition has been filed challenging the letter dated 06.05.2026, passed by the Government under Section 80 A of the Tamil Nadu Town and Country Planning Act.

WP No. 39335 of 2026

2. During the course of arguments, the petitioners made a submission that they are the tenants in the building and they will vacate the building. In this regard, all the petitioners filed an undertaking affidavit stating that they will vacate the subject premises within a period of six months. However, the learned Additional Government Pleader raised an objection that the owners of the building have made contrary statement on an earlier occasion and therefore, six months time will be excessive.

3. The learned Senior Counsel appearing for the petitioners made a submission that the Court may fix a reasonable time for vacating the premises.

4. Considering the facts and circumstances of the case, this Court is inclined to grant four months time for the petitioners to vacate the premises enabling the authorities to continue the enforcement action in accordance with the Government letter dated 06.05.2026, passed under Section 80 A of the Tamil Nadu Town and Country Planning Act.

5. Accordingly, the petitioners are granted four months time from the date of receipt of a copy of this order to vacate the premises. In the event of failure on the part of the writ petitioners, the Chennai Corporation authorities are directed to evict the petitioners and take over possession and implement the orders of the Government in the manner known to law.

WP No. 39335 of 2026

6. With these directions, this writ petition stands disposed of. No costs. WMP No.44192 of 2026 is ordered on payment of separate Court fee. WMP No.44193 of 2026 is closed. (S.M.S.,J.) (R.R.V.,J.) 08-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No SLI To

1. The Additional Secretary (Technical) Housing and Urban Development Department, Government of Tamilnadu, Fort St.George, Chennai – 600009.

2. The Commissioner Greater Chennai Corporation, Rippon Buildings, Chennai - 600003.

3. The Executive Engineer Zone-7 (Ambattur), Greater Chennai Corporation, Ambattur, Chennai - 600053.

4. The Assistant Engineer Division-84, Unit-19, Zone-7, Greater Chennai Corporation, Korattur, Chennai - 600080.

WP No. 39335 of 2026

S.M.SUBRAMANIAM, J. AND R.RAJESH VIVEKANANTHAN, J. SLI WP No. 39335 of 2026 and WMP Nos.44192 & 44193 of 2026 08-10-2026

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