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2026 Supreme(Online)(Mad) 19856

IN THE HIGH COURT OF JUDICATURE AT MADRAS
SUSHRUT ARVIND DHARMADHIKARI, CJ, G.ARUL MURUGAN, J
B.Mathivanan – Appellant
Versus
The Commissioner of Town & Country Planning – Respondent
W.P.No.9006 of 2026



Advocates:
For Petitioner(s): Mr.SP.Chockalingam
For Respondent(s): Mr.E.Vijay Anand Addl. Govt. Pleader for R1 to R3, Mr.M.Rajamathivanan Standing Counsel for R4

The court dismissed the writ petition under Article 226, affirming that the petition was misconceived based on previous actions taken concerning the premises.

Headnote:Statute Analysis: This writ petition is filed under Article 226 of the Constitution of India seeking a directive to demolish unauthorized constructions per the Tamil Nadu Town and Country Planning Act, 1971. Facts of the Case: The petitioner alleges illegal constructions on a specified land and seeks court intervention for demolition.

Findings of Court:
The Court opined that the petition was misconceived and dismissed it accordingly.

Issues: The Court questioned whether the petition could be maintained based on the presented circumstances.

Ratio Decidendi: The Court reasoned that prior actions had been taken concerning the premises and no further relief could be granted under these conditions.

Result: Accordingly, it is dismissed. There shall be no order as to costs.

Table of Content
1. writ petition filed under article 226 regarding unauthorized construction. (Para 1)
2. discussion on prior actions taken regarding the premises. (Para 2)
3. court's reasoning on the misunderstanding of the writ petition. (Para 3)

Prayer : Petition filed under Article 226 of the Constitution of India seeking a writ of Mandamus directing the 4th respondent to demolish the illegal and unauthorized construction put up in the land measuring 221 sq.ft., comprised in Natham S.No.96/1C and whose field No. is 73, and T.S.L.R. No. is 6074 situated in New Ward No.D, block No.8, SSD Main Road, Old No.60 and new No.144 in Thiruchengodu Village and Namakkal District.

For Petitioner(s): Mr.SP.Chockalingam For Respondent(s): Mr.E.Vijay Anand Addl. Govt. Pleader for R1 to R3 Mr.M.Rajamathivanan Standing Counsel for R4 ORDER (Order of the Court was made by the Hon'ble Chief Justice)

The present writ petition is filed under Article 226 of the Constitution of India, by way of public interest litigation, seeking a direction to the 4th respondent to demolish the illegal and unauthorized construction put up in the land measuring 221 sq.ft., comprised in Natham S.No.96/1C and whose field No. is 73, and T.S.L.R. No. is 6074 situated in New Ward No.D, Block No.8, SSD Main Road, Old No.60 and New No.144 in Thiruchengodu Village and Namakkal District.

2. Learned counsel for fourth respondent, on instructions, submitted that in 2019 itself, action was taken by locking and sealing the premises. Thereafter, being aggrieved, private respondents had filed an appeal under Section 80A of the Tamil Nadu Town and Country Planning Act, 1971, wherein, order was passed to de-seal the premises and to rectify the defects. However, on 14.07.2025, the premises has been re-sealed since no rectification was done.

3. We are of the opinion that the present writ petition is absolutely misconceived. Therefore, the same cannot be entertained. Accordingly, it is dismissed. There shall be no order as to costs.

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