Madras High Court
WP/41711/2026 of DR.CHOKKALINGAM Vs THE SECRETARY TO GOVERNMENT on 27 October 2026
2026/MHC/4369
WP No. 41711 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 27-10-2026
CORAM
THE HON'BLE MR JUSTICE S. M. SUBRAMANIAM
AND
THE HON'BLE MR.JUSTICE R.RAJESH VIVEKANANTHAN
WP No. 41711 of 2026
CNR: {HCMA012447872026}
Dr.Chokkalingam
..Petitioner(s)
Vs
1. The Secretary To Government
Housing and Urban Development
department, fort St.George,
chennai – 600009.
2. The commissioner,
Greater Chennai corporation, chennai
600003.
3. The Executive Engineer,
Zone - XV,
Corporation of chennai, sholinganallur,
chennai 600119.
4. The Assistant Executive Engineer
Unit-44, corporation of chennai,
sholinganallur, chennai 600119.
5. The Assistant Engineer
Division 197, corporation of chennai,
sholinganallur, chennai 600119.
..Respondent(s)
Writ Petition filed under Article 226 of the Constitution of India issuing writ of certiorari calling for the records pertaining to the impugned De-Occupation notice No. Nil dated 01.10.2026 issued by the
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2026:MHC:4369
WP No. 41711 of 2026
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respondents 3 to 5 to the petitioner in respect of the property situated at Door No.338, seashore town, Shozhinganallur, chennai 600119 and quash the same.
For Petitioner(s):
Mr.A.E.Ravichandran
For Respondent(s):
Mr.S.Rishab Narayan
Government Advocarte for R -1
ORDER
(Order of the Court was made by S.M.Subramaniam J.) The present writ petition has been instituted challenging the de- occupation notice issued by the competent authority under Section 56(2) (A) read with Section 57 read with Section 85 of the Town and Country Planning Act, 1971 (for brevity, hereinafter referred to as ‘Act’) vide Proceedings, dated 01.10.2026.
2. Learned counsel for the petitioner would submit that authorities are not even granting time enabling the petitioner to prefer an appeal under Section 80A of the Act. He has not preferred any revision on an earlier occasion, since no lock and seal notice was served.
3. May that as it be. Now the petitioner is aware of these notices as well as the de-occupation notice, which is impugned in the present writ petition.
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4. That being the factum, petitioner is at liberty to prefer an appeal under Section 80A of the Act within a period of two weeks from the date of receipt of a copy of this order. On receipt of any such appeal, appellate authority shall entertain the same without reference to the period of limitation and decide the issues on merits and in accordance with law and by following the procedures as contemplated under the statutes and rules in force.
5. With the above liberty, writ petition stands disposed of. No costs. Consequently, the connected miscellaneous petitions, if any, are closed. (S.M.S.,J.) (R.R.V.,J.) 27-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No GD To
1. The Secretary To Government Housing and Urban Development department, fort st.george, chennai - 600009.
2. The commissioner, Greater chennai corporation, chennai 600003.
3. The Executive Engineer, Zone - XV, Corporation of chennai, sholinganallur, chennai 600119.
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2026:MHC:4369 WP No. 41711 of 2026
4. The Assistant Executive Engineer Unit-44, corporation of chennai, sholinganallur, chennai 600119.
5. The Assistant Engineer Division 197, corporation of chennai, sholinganallur, chennai 600119.
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2026:MHC:4369 WP No. 41711 of 2026
S.M.SUBRAMANIAM, J. AND R.RAJESH VIVEKANANTHAN, J. GD WP No. 41711 of 2026
27-10-2026
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