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2026 Supreme(Online)(Mad) 26854

IN THE HIGH COURT OF JUDICATURE AT MADRAS
N. Sathish Kumar, J
R.Padmavathi – Appellant
Versus
The Additional Secretary to – Respondent
Writ Petition



Court grants final opportunity to vacate unauthorized building before sealing enforcement.

Headnote:Under Section 80-A of the Tamil Nadu Town and Country Planning Act, 1971, and Rule 7 of the Tamil Nadu Town and Country Planning (Removal of Unauthorized Development) Rules, 2022, petitioner constructed additional floor without prior approval, leading to sealing order after PIL instigation. Court notes bona fide intent due to NRI status and locality pattern, but unauthorized development occurred. Court finds delay in regularization unjustified despite representations. Main issue framed as request for de-sealing extension amid pending revision and prior court directions in related writ. Ratio emphasizes final opportunity for compliance, balancing commercial hardship against enforcement, rejecting prolonged stays citing ongoing related proceedings. Writ petition disposed with directions to allow goods removal until 26.03.2026; liberty to seal if non-compliant.

Table of Content
1. unauthorized additional floor construction led to sealing despite regularization intent. (Para 1 , 2 , 3 , 4 , 5 , 6)
2. final extension granted for goods removal before sealing. (Para 7 , 8)
3. writ disposed with compliance directions. (Para 9)

(Order of the Court was made by N.SATHISH KUMAR, J.)

The petitioner has filed the present Writ Petition seeking a direction to the first respondent not to seal the petitioner’s building on 23.03.2026 and further to direct the first respondent to extend the period for six months or until the disposal of the appeal pending before the first respondent under Section 80-A of the Tamil Nadu Town and Country Planning Act, 1971.

2.The petitioner contends that the original building plan for her property was approved in 2015 for Ground + 1 Floor. Subsequently, in view of the prevailing development pattern in the locality, where surrounding buildings, including those of immediate neighbours, are Ground + 2 Floors, her husband decided to construct an additional floor with a bona fide intention of submitting revised plans for regularization.

3.The petitioner states that her husband, being an NRI employed in Muscat, Sultanate of Oman, could not immediately approach the Municipality due to his continuous overseas employment, heavy workload, and frequent travel, resulting in inadvertent delay.

4.The petitioner further submits that a volunteer filed a PIL with ulterior motives, instigating a litigant to seek demolition of the building in W.P.(MD) No. 21270 of 2021 without impleading her as a party. Thereafter, officials of the fourth respondent issued a Lock and Seal Order under Form VII, Rule 7 of the Tamil Nadu Town and Country Planning (Removal of Unauthorized Development) Rules, 2022, bearing Order No. BA No. 27/2015 Fl dated 07.01.2026, and locked and sealed the building on 07.01.2026 and 09.02.2026.

5.Aggrieved over the same, the petitioner filed a Revision Petition under Section 80-A of the Tamil Nadu Town and Country Planning Act, 1971, along with a Stay Petition under Section 80-A(3), and appeared before the first respondent with relevant documents on 03.02.2026. However, the stay petition was dismissed on 12.02.2026, citing pendency of W.P.(MD) No. 21270 of 2021.

6.The petitioner thereafter submitted a detailed representation dated 25.02.2026 requesting de-sealing of the building, as tenants and commercial establishments were suffering. Subsequently, in W.P.(MD)No. 4853 of 2026, this Court directed the first respondent to consider the representation, and by letter dated 26.02.2026, permission was granted to de-seal the building for ten days. Considering the commercial nature of the premises, this Court extended the de-sealing period up to 23.03.2026.

7.When the matter is taken up for hearing today, the learned counsel appearing for the petitioner submitted that the petitioner seeks time to remove all goods from the premises on or before 26.03.2026. The petitioner contends that while the tenants on the first floor have vacated, some shops on the ground floor still require time to remove belongings.

8.In view of the above, the authorities concerned are directed to allow removal of goods until 26.03.2026 as a final opportunity. In the event the petitioner fails to vacate by the said date, the authorities are at liberty to seal the entire building. The authorities may immediately seal the first floor, which is admittedly vacated.

9.With the above directions, this Writ Petition is disposed of.

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