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2025 Supreme(Online)(Mad) 65479

IN THE HIGH COURT OF JUDICATURE AT MADRAS
ANITA SUMANTH, C.KUMARAPPAN, JJ
M.Pandian – Appellant
Versus
The Commissioner, Trichirappalli City Municipal Corporation – Respondent
W.P.(MD)No.31412 of 2025 | W.M.P.(MD)No.24614 of 2025



Advocates:
For the Appellants/Petitioners: Mr.Jahir Hussain for Mr.R.Sundar
For the Respondents: Mr.J.Saiprasad for M/s.R.B.Associates

The notice period for compliance under municipal regulations must adhere to statutory minimums, preventing arbitrary deadlines.

Headnote:This case involves the interpretation of Section 56 of the Tamil Nadu Town and Country Planning Act, 1971, concerning the appropriate notification periods for municipal action. The Court found that the impugned notice improperly provided insufficient time for compliance, subsequently mandating a minimum period of one month. The principal issue at hand was whether the notice allowed adequate time for the petitioners to respond. The decision upheld the need for compliance with statutory provisions while penalizing the respondent for procedural lapses. The notice is amended to extend the response period to 24.11.2025 and costs of Rs.5,000/- imposed.

Table of Content
1. the procedural history of the petitioners' challenge. (Para 1 , 2 , 3)
2. insufficient time granted in the notice. (Para 4)
3. court mandates compliance with statutory timeframes. (Para 5)
4. final ruling and costs imposed. (Para 7 , 8)

ORDER

(Order of the Court was made by Dr.ANITA SUMANTH, J.)

The petitioners had earlier instituted W.P.(MD)No.29726 of

2025 challenging the notice dated nil. A further direction was sought to grant planning permission to the petitioners' property at Trichy District, Trichy Registration District, Trichy Joint No.3, Sub-Registrar Office range, Municipal Town old 5th ward, Trichy Fort, Vanapattarai street on eastern side, old 4th block, old T.S.No.95.

2. The main contention of the petitioners was that the lock and seal notice issued by the Assistant Commissioner, Zone-1, Trichirappalli City Municipal Corporation under the Tamil Nadu Town and Country Planning Act, 1971 (Act), was not even dated. Hence, the writ petition was disposed directing the respondents to issue notice afresh.

3. They obliged by issuing the notice impugned in this writ petition, which is dated 24.10.2025, however granting time only till

03.11.2025.

4. The learned counsel for the petitioner draws attention to Section 56 of the Act and says that the notice must grant a period of not less than one (1) month to take steps as specified in the notice.

5. We are disappointed with the manner in which the notice had been issued carelessly enabling the petitioners to approach this Court time and again merely to delay the statutory action. We are however left with no choice as Section 56 of the Act does provide for a minimum period of minimum one month to be provided to the petitioners in the notice.

6. Hence, we merely state that the impugned notice dated

24.10.2025 shall be read so as to provide time till 24.11.2025. Notice is otherwise sustained.

7. The Assistant Commissioner, Zone-1, Trichirappalli City Municipal Corporation (R2) who has issued this impugned notice dated 24.10.2025 shall pay a cost of Rs.5,000/- to the High Court Legal Services Committee attached to this Bench, within a period of one (1)

week from today.

8. This writ petition is dismissed except for the modification made and cost imposed herein. Consequently, connected Miscellaneous Petition is closed.

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