WP/34973/2026 of M.R.CHENDILNATHAN Vs The Government of Tamil Nadu on 16 October 2026

ORDER

(Order of the Court was made by S.M.Subramaniam J.) The final notice issued by the 3rd respondent on 12.08.2026 asking the petitioner to close the unauthorizedly constructed marriage hall is under challenge in the present writ petition.

2. The authorities, during inspection, found that the writ petitioner constructed a marriage hall in violation of Sections 56, 57, & 80 of the Tamil Nadu Town and Country Planning Act. Since the building is unauthorizedly constructed, enforcement actions were initiated. The appeal filed before the Government under Section 80-A of the Town and Country Planning Act is pending. However, the marriage hall is posing danger to the public, the

Panchayat has initiated action for lock and seal the marriage hall. During the course of hearing, the writ petitioner has originally given an undertaking that he will close the marriage hall permanently on completion of the marriages already booked. However, an impleading petition came to be filed by one Mrs.P.Jayasree stating that she has also booked the subject marriage hall for her daughter’s marriage scheduled to be held on 15.11.2026 to 16.11.2026. She had already paid the rental advance to the petitioner. In the event of closing the marriage hall, it would be difficult for the impleading petitioner to book any other marriage hall in the same locality.

3. In response to the impleading petition, a fresh undertaking affidavit has been filed by the writ petitioner stating that he will permanently close the marriage hall after completion of the marriage function by the impleading petitioner on 16.11.2026. Paragraph 7 of the undertaking affidavit reads as under: “7. It is most humbly reiterated that the petitioner hereby unequivocally and unconditionally undertakes to permanently shut down the Thirumana Mandapam and cease all operations. However, it is most respectfully prayed that the marriages as already allowed by this Hon’ble Court vide order dated 28.08.2026 and the marriage sought to be conducted by the implead petitioner in WMP.No.42856 of 2026 may be permitted to be conducted so as to ensure that no undue prejudice, hardship of inconvenience is caused to the members of the public who have already made arrangements in reliance upon such bookings.”

4. In view of the said undertaking, the writ petitioner is directed to permanently close the unauthorizedly constructed marriage hall on 17.11.2026 and inform the same to the competent authorities on 18.11.2026. In the event of failure on the part of the writ petitioner to close down the marriage hall permanently, the respondents are directed to continue the enforcement action and lock and seal the premises in pursuance to the notice issued under the provisions of the Town and Country Planning Act.

5. With the above observations, this Writ Petition stands disposed of. No costs. Consequently, connected miscellaneous petitions are closed. (S.M.S.,J.) (B.K.,J.) 16-10-2026 Index: Yes Speaking Neutral Citation: Yes/No KKN

To

1. The Principal Secretary, Government of Tamil Nadu, Housing and Urban Development Department, Secretariat, Fort St.George, Chennai-600 009.

2. The Member Secretary, Chennai Metropolitan Development Authority, Thalamuthu Natarajan Maaligai, No. 1, Gandhi Irwin Road, Egmore, Chennai 600 008.

3. The President, Kovilampakkam Panchayat Union, Sunnambu Kolathur Main Road,

S.M.SUBRAMANIAM, J. AND B.KARTHIKEYAN, J. KKN WP No. 34973 of 2026 16-10-2026