Madras High Court
WP/40789/2026 of K.PUGAZHENDI Vs The Additional Secretary (Technical) on 8 October 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
Writ Petition No. 40789 of 2026
CNR:{HCMA012397402026}
1. K.Pugazhendi
S/o K. Kannapiran,
2. E. Sumathi
W/o K. Pugazhendi
..Petitioners
Vs
1. The Additional Secretary (Technical)
Housing and Urban Development Department, Secretariat, Fort St. Geroge, Chennai 600 009.
2. The Executive Engineer
Zone 04,
Greater chennai Corproation,
Chennai.
3. The Assistant Executive Engineer
Zone 04,
Greater chennai Corproation,
Chennai.
..Respondents
Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus, directing the 2nd and 3rd respondents to forbear all further proceedings from initiating any coercive action of Locking and Sealing of the property situated at 7/A, MRL colony 2nd street, jumbuli Village, Chennai District pursuant to the 2nd respondent’s notice
dated 07.09.2026 in Notice No. III / N04/ N034 / 00142 /2026, pending disposal of the petitioner’s Appeal / Application dated 18.09.2026 before the 1st respondent.
For Petitioner :
Mr.C.Munusamy
For Respondents :
Mr.G.Abraham Prabhu
Additional Government Pleader [R1]
Mr.S.Santhosh
Standing Counsel for GCC [R2 and R3]
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ORDER
(Order of the Court was made by S.M.Subramaniam J.) Writ of mandamus has been instituted to direct the 2nd and 3rd respondents to forbear all further proceedings from initiating any coercive action of Locking and Sealing of the property situated at 7/A, MRL colony 2nd street, jumbuli Village, Chennai District pursuant to the 2nd respondent’s notice dated 07.09.2026 in Notice No. III / N04/ N034 / 00142 /2026, pending disposal of the petitioner’s Appeal / Application dated 18.09.2026.
2. The relief as such sought for in this writ petition cannot be granted by this Court, in view of the fact that the petitioner preferred statutory appeal under Section 80-A of the Tamil Nadu Town and Country Planning Act, 1971[hereinafter referred to as ‘the Act’], which is pending before the competent authority for consideration. Only for the purpose of granting an interim order, the writ petition need not be entertained, since Sub-section (3) of
Section 80-A of the Act states that the Government may pass such interim order as they may deem fit, pending the exercise of power under Section-section(1) in respect thereof. When there is a provision for grant of interim order under Section 80-A of the Act, entertain a writ petition is unnecessary.
3. In the event of entertaining any such writ petition during the interregnum period, would cause prejudice to the interest of the authorities and may result in prolongation of the issues to be decided by the competent authority. Any such idea to prolong and protract the proceedings before the competent authorities, at no circumstances be encouraged by the Courts. Once an appeal is filed and when there is a provision for filing an interlocutory application for granting of interim order, entertain a writ petition is unnecessary and therefore, the appellate authority has to decide the appeal on merits and in accordance with law as expeditiously as possible. With these observations, this writ petition stands disposed of. No costs. (S.M.S.,J.) (R.R.V.,J.) 08-10-2026 Index: Yes Speaking/Non-speaking order Neutral Citation: Yes/No mp
S.M.SUBRAMANIAM J. AND R.RAJESH VIVEKANANTHAN J. mp To
1. The Additional Secretary (Technical) Housing and Urban Development Department, Secretariate, Fort St. Geroge, Chennai 600 009.
2. The Executive Engineer Zone 04, Greater chennai Corproation, Chennai
3. The Assistant Executive Engineer Zone 04, Greater chennai Corproation, Chennai WP No. 40789 of 2026 08-10-2026