Madras High Court

WP/38238/2026 of S.Bavadharani Vs GOVERNMENT OF TAMIL NADU on 22 September 2026

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WP No. 38238 of 2026

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 22-09-2026

CORAM

THE HON'BLE MR JUSTICE P. VELMURUGAN

AND

THE HON'BLE MR.JUSTICE GK.MUTHUKUMAAR

WP No. 38238 of 2026

and WMP.Nos.42950 & 42951 of 2026

1. S.Bavadharani

2. R.Vinodha

..Petitioner(s)

Vs

1. Government of Tamil Nadu

Rep. by its Secretary to Government,

Housing and Urban Development Department Secretariat, Chennai 09.

2. Greater Chennai Corporation,

Rep. by its Commissioner,

Ripon Building, Chennai 03.

3. Greater Chennai Corporation

Rep. by its Executive Engineer,

Zone 8, No. 36B,

Pulla Avenue, Shenoy Nagar,

Chennai 30.

4. V.Muthukrishnan

..Respondent(s)

PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents 2 and 3 to forbear from in anyway interfering with our possession of the building at Door No. 6/30 , Veerapandi Nagar 3rd street, Choolaimedu, Chennai 94 in any manner

WP No. 38238 of 2026

particularly by way of locking and sealing and or demolition of from disconnecting any basic amenities like electricity water, sewerage provided to the premises, pending final determination of our special Revision petition dated 11.09.2026 pending with the 1st respondent under Section 80A and 80 (A) (3)

of the Tamil Nadu Town and Country Planning Act 1971.

For Petitioner(s):

Mr.D.S.Rajasekaran

For Respondent(s):

Mr.B.Sivakollappan, AGP for R1

Ms.Aswinidevi.K Standing counsel for GCC

for R2 and R3

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ORDER

(Order of the Court was made by P.Velmurugan J.) This Writ Petition has been filed seeking a direction to the respondents 2 and 3 to forbear from in any manner interfering with the petitioners' peaceful possession and enjoyment of the building bearing Door No.6/30, Veerapandi Nagar Third Street, Choolaimedu, Chennai – 600 094, particularly by locking, sealing or demolishing the premises or by disconnecting the basic amenities such as electricity, water and sewerage, pending final disposal of the Special Revision Petition dated 11.09.2026 filed before the first respondent under Sections 80-A and 80-A(3) of the Tamil Nadu Town and Country Planning Act, 1971.

WP No. 38238 of 2026

2. The case of the petitioners is that they are the occupants of the above said premises and have been in peaceful possession and enjoyment of their respective portions of the premises for a considerable period. The premises are provided with basic amenities including electricity, water and sewerage facilities. It is further submitted that the proceedings have been initiated in respect of the said premises under Sections 80-A and 80-A(3) of the Tamil Nadu Town and Country Planning Act, 1971. The petitioners have also preferred a Special Revision Petition dated 11.09.2026 before the first respondent, which is still pending consideration.

3. The grievance of the petitioners is that notwithstanding the pendency of the Special Revision Petition, the respondents are taking coercive steps against the premises, including locking and sealing the building. The petitioners apprehend further coercive action, such as demolition of the building and disconnection of essential amenities including electricity and water. According to the petitioners, such action would seriously prejudice their peaceful possession and enjoyment of the premises. Therefore, they seek protection against any coercive action except by following the procedure established by law and after affording them a reasonable opportunity of hearing.

4. The learned counsel appearing for the petitioners would submit that the petitioners have already filed a Special Revision Petition under Sections 80-

WP No. 38238 of 2026

A and 80-A(3) of the Tamil Nadu Town and Country Planning Act, 1971, before the first respondent on 11.09.2026 and that the same is still pending consideration. Hence, the learned counsel seeks a suitable direction to the first respondent to consider and dispose of the said revision petition.

5. Heard the learned counsel on either side and perused the materials available on record.

6. Considering the submissions made by the learned counsel appearing for the petitioners and taking note of the pendency of the Special Revision Petition dated 11.09.2026, this Court directs the first respondent to consider and dispose of the revision petition filed by the petitioners under Sections 80-A and 80-A(3) of the Tamil Nadu Town and Country Planning Act, 1971, after issuing notice to the petitioners, the fourth respondent and all other interested parties, if any. The first respondent shall afford reasonable opportunity of hearing to all the concerned parties and thereafter, consider the revision petition on its own merits and in accordance with law. The said exercise shall be completed within the time stipulated under the relevant Government Order.

WP No. 38238 of 2026

7. With the above directions, this Writ Petition is disposed of. There shall be no order as to costs. Consequently, the connected Miscellaneous Petitions, if any, are closed. (P.V.,J.) (G.K.M.,J.) 22-09-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No VKR To

1. The Secretary to Government, Housing and Urban Development Department Secretariat, Chennai 09.

2. The Commissioner, Greater Chennai Corporation, Ripon Building, Chennai 03.

3. The Executive Engineer, Greater Chennai Corporation Zone 8, No. 36B, Pulla Avenue, Shenoy Nagar, Chennai 30.

WP No. 38238 of 2026

P.VELMURUGAN, J. AND GK.MUTHUKUMAAR, J. VKR WP No. 38238 of 2026 22-09-2026

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