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2026 Supreme(Online)(Mad) 26573

IN THE HIGH COURT OF JUDICATURE AT MADRAS
HEMANT CHANDANGOUDAR, J
M/s. Happy Ventures Rep. by its Partner. Ranjani – Appellant
Versus
The Municipal Commissioner, Municipal Office, No.43, Municipal Office Road, Virudhunagar - 626 001. – Respondent
WP(MD) No.7809 of 2026



Advocates:
For the Appellants/Petitioners:Mr. J.Arul Prakash, Advocate.
For the Respondents: Mr.N.M.M.Abishek Pandian for R1

Court permits retrieval of tenant's belongings from sealed illegal construction premises upon owner's NOC.

Headnote:First Paragraph: The petitioner filed a writ petition under Article 226 of the Constitution seeking a mandamus to remove seal from premises constructed on a water body. Essential facts include sealing by municipal authorities and petitioner's tenancy claim for retrieving restaurant materials. Court found limited relief appropriate, permitting removal subject to conditions. Second Paragraph: Key issue framed as permission to retrieve belongings from sealed premises despite construction violation. Ratio decidendi emphasizes balancing public interest in sealing illegal structures with petitioner's right to personal property, requiring NOC from owner. Third Paragraph: Writ petition disposed with direction to permit removal of materials within one week post-NOC, followed by resealing; no costs.

Table of Content
1. petition seeks removal of seal for retrieving tenant belongings from premises on water body. (Para 1 , 2 , 3)
2. petitioner highlights business hardship due to locked materials. (Para 5)
3. court grants conditional permission to remove items, mandates re-sealing. (Para 6)

ORDER

Mr. N.M.M. Abishek Pandian, learned counsel, accepts notice on behalf of the first respondent. Notice to the second respondent is dispensed with.

2. The petitioner is before this Court seeking a direction to the first respondent to remove the seal and unlock the premises bearing Survey T.S. No. 360, Block No. 7, Door No. 18, Railway Feeder Road, Virudhunagar – 626 001. The petitioner claims to be a tenant of the said premises, which has been sealed on the ground that the construction was put up on a water body.

3. The second respondent is the owner of the premises. The petitioner, however, confines his relief to seeking permission to remove his materials and belongings from the premises.

4. Heard the learned counsel appearing on either side.

5. The petitioner submits that he is unable to commence a new restaurant business, as all the materials required for the same are lying inside the sealed premises.

6. In view of the above, this writ petition is disposed of with a direction to the first respondent to permit the petitioner to remove all his materials and belongings from the premises, subject to the petitioner obtaining a No Objection Certificate from the second respondent.

7. The above exercise shall be completed within a period of one (1)

week from the date of receipt of a copy of this order. After permitting the petitioner to remove the materials and belongings, the first respondent shall reseal and lock the premises.

8. There shall be no order as to costs.

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