WP/35077/2026 of D.Arunagiri Vs THE SECRETARY TO GOVERNMENT on 3 September 2026

ORDER

(Order of the Court was made by Dr.G.Jayachandran J.) The petitioner herein, being aggrieved by the order passed by the 1st respondent rejecting the challenge to the lock and seal notice, is before this Court. The prayer is to quash the order of the 1st respondent and consequently direct the respondents to consider the petitioner’s claim for regularization of the subject property in accordance with law.

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2. The learned counsel appearing for the petitioner states that no application for regularization has been made to the authorities by the writ petitioner. The impugned order dated 25.05.2026 was passed pursuant to long- drawn legal proceedings, which are explained in the paragraph 7 of the impugned letter issued by the 1st respondent, which reads as below:- “7.In respect of representation dated 10.10.2025 the following are observed:-

(i) Government in its orders dated 23.01.2025 had stated that Greater Chennai Corporation had issued Pre Notice No. Zone-IX/TPENF/007/2023, dated 14.06.2023, to the building in the subject premises. Locking and Sealing notice no. Zone-IX/TPENF/002/2023, dated 19.07.2023 was then issued by Greater Chennai Corporation. Subsequently,

De-occupation

notice

no. Zone-IX/TPENF/007/2023, dated 2.1.2024 was issued stating that the building comprising ground + 2 floor is unauthorized and requested the petitioner to discontinue the occupation of subject building within 7 days. Subsequently, the subject building was locked and sealed on 19.9.2024 by Greater Chennai Corporation. The Government dismissed the revision petition as the existing building in the subject premises is unathorised and put up on the land belonging to Arulmigu Agatheeswarar Prasanna Venkatesa Perumal Thirukovil under Hindu Religious and Charitable Endowments Department without their permission. The building shall continue to remain under lock and seal condition and the Greater Chennai Corporation shall pursue further action, based on the directions of the Hon’ble High Court of Madras in W.P.No.28490/2024.

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(ii) The Hon’ble High Court of Madras has dismissed the writ petition and passed the order dated 10.02.2025 in W.P.No.28490/2024 filed by Thiru.D.Arunagiri stating that the court do not find any infirmity in respect of the actions initiated by the respondents and they bound to continue the actions and remove the unauthorized construction by following the due procedures.

(iii) The petitioner has furnished ownership patta in the name of Thiru.M.Arumuga Naiker to an extent of 357.5 sq.m.

(iv) The petitioner has not furnished any document establishing ownership of subject property.

8. After considering the facts and submissions made, the Government hereby reject the representation dated 10.10.2025 filed by the petitioner Thiru.D.Arunagiri to de-seal the building put up at Door No.7/4, Chokata Salai, Jayalakshmi Puram, Nungambakkam, Chennai – 600 034, as the petitioner has not furnished any document establishing the ownership of subject property and the subject building is an authorized one.”

3. The impugned order was passed following long-drawn legal proceedings, including a writ petition and a contempt petition filed for non- implementation the order of this Court. In said circumstances, a building constructed without planning permission is bound to be kept under lock and seal and to be followed by demolition. Unless and until valid planning permission is obtained for the building. Till date no application for regularization has been

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submitted by the writ petitioner. Hence, the petitioner has no ground to challenge the impugned order.

4. Accordingly, this Writ Petition stands dismissed. Consequently, the connected Miscellaneous Petitions are closed. No costs. (Dr.G.J.,J.) (E.M.,J.) 03-09-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No aj/rpl To

1. The Secretary to Government Government of Tamil Nadu, Housing and Urban Development Department, Fort St.George, Chennai 09

2. The Commissioner The Greater Chennai Corporation, Ripon Building, Chennai- 003.

3. The Deputy Commissioner The Greater Chennai Corporation, Ripon Building, Chennai 03

4. The Assistant Commissioner The Greater Chennai Corporation, Zone IX, Lake Area, Nungambakkam, Chennai 34

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5. The Executive Engineer The Greater Chennai Corporation, Central Region Zone-IX, No.1, Lake Area, 4th Cross Street, Nungambakkam, Chennai 34

6. The Assistant engineer TANGEDCO, Loyola Campus, AE Mahalingapuram, Zone-IX, Nungambakkam, Chennai 34.

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DR.G.JAYACHANDRAN J. and E.MANOHARAN J. aj/rpl Writ Petition No. 35077 of 2026 and W.M.P.Nos. 38845 and 38850 of 2026 03-09-2026

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