Madras High Court

WP/37917/2026 of Mittal Karmavat Vs THE SECRETARY TO GOVERNMENT on 21 September 2026

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 21-09-2026

CORAM

THE HON'BLE MR JUSTICE P. VELMURUGAN

AND

THE HON'BLE MR.JUSTICE GK.MUTHUKUMAAR

W.P.No.37917 of 2026

CNR:{HCMA012237332026}

and

W.M.P.No.42571 of 2026

Mittal Karmavat

W/o.Herain G Karmavat

..Petitioner(s)

Vs

1. The Secretary to Government,

Housing and Urban Development Department, Government of Tamil Nadu, Secretariat, Tamil Nadu.

2. The Executive Engineer,

Greater Chennai Corporation,

Zone-04, Thiruvottiyur High Road,

Old Korukkupet, Chennai - 600 081.

3. The Assistant Executive Engineer,

Greater Chennai Corporation,

Unit 10, Zone 04, Thiruvottiyur High Road, Old Korukkupet, Chennai – 600 081.

4. The Assistant Engineer

Greater Chennai Corporation,

Division-040, Zone - 04,

Thiruvottiyur High Road,

Old Korukkupet, Chennai – 600 081.

..Respondent(s)

Prayer: Writ Petition filed under Article 226 of the Constitution of India, seeking issuance of a Writ of Mandamus, forbearing the 2nd to 4th respondents or anybody on their behalf from initiating any coercive action with regard to subject property situated at No.42/1 (68/1) New Vaithiyanathan street, Tondaiyarpet, Chennai-600 081, till the disposal of the Revision filed under Section 80-A of Tamil Nadu Town and Country Planning Act before the 2nd to 4th respondents.

For Petitioner(s):

Mr.B.Vijay

For Respondent(s):

Mr.K.Surendar,

Special Government Pleader for R1

Mr.S.Santhosh,

Standing Counsel for R2 to R4

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O R D E R

(Order of the Court was made by P.Velmurugan J.) Mr.K.Surendar, learned Special Government Pleader accepts notice for the first respondent and Mr.S.Santhosh, learned Standing Counsel accepts notice for respondents 2 to 4. With the consent of both the parties, this Writ Petition is taken up for final disposal at the admission stage itself.

2. This Writ Petition has been filed seeking issuance of writ of mandamus forbearing respondents 2 to 4, or anyone acting on their behalf, from initiating any coercive action in respect of the subject property situated at No.42/1 (68/1) New Vaithiyanathan street, Tondaiyarpet, Chennai-600 081, pending disposal of the revision petition filed under Section 80-A of Tamil Nadu Town and Country Planning Act, 1971 [hereinafter referred to as ‘the Act’ for brevity].

3. It is the case of the petitioner that she is the absolute owner of the subject property, pursuant to a registered sale deed dated 16.09.2021 vide Document No.2581 of 2021. She obtained planning permission from the Greater Chennai Corporation on 31.05.2023 for construction of a commercial building and accordingly, put up the construction. Subsequently, respondents 2 to 4 issued a Form-II Notice for De-occupation dated 20.08.2026 under Sections 56(2-A) and 57 read with Section 85 of the Act. Aggrieved by the said notice, the petitioner has already preferred a revision under Section 80-A of the Act before the first respondent, along with an application seeking interim protection. Since the said revision is pending consideration, the petitioner has approached this Court apprehending coercive action would be taken by the respondents.

4. The learned Standing Counsel appearing for respondents 2 to 4 submitted that aggrieved by the De-occupation notice, the petitioner has already invoked the revisional remedy under Section 80-A of the Act before the first respondent and that the same is pending consideration. He further submitted that, pending disposal of the revision, no coercive action would be taken in respect of the subject property. The said submission is recorded.

5. Since the statutory revision preferred by the petitioner is pending before the first respondent, the first respondent is directed to expedite and dispose of the revision on merits and in accordance with law within the time as prescribed. Till such disposal, respondents 2 to 4 shall not take any coercive steps in respect of the subject property.

6. With the above directions, the writ petition stands disposed of. Consequently, connected miscellaneous petition is closed. There shall be no order as to costs. (P.V.,J.) (G.K.M.,J.) 21-09-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No ms

To

1. The Secretary to Government, Housing and Urban Development Department, Government of Tamil Nadu, Secretariat, Tamil Nadu.

2. The Executive Engineer, Greater Chennai Corporation, Zone-04, Thiruvottiyur High Road, Old Korukkupet, Chennai - 600 081.

3. The Assistant Executive Engineer, Greater Chennai Corporation, Unit 10, Zone 04, Thiruvottiyur High Road, Old Korukkupet, Chennai – 600 081.

4. The Assistant Engineer Greater Chennai Corporation, Division-040, Zone - 04, Thiruvottiyur High Road, Old Korukkupet, Chennai – 600 081.

P.VELMURUGAN J. AND GK.MUTHUKUMAAR J. ms W.P.No.37917 of 2026 and W.M.P.No.42571 of 2026 21-09-2026

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