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2026 Supreme(Online)(Mad) 32807

IN THE HIGH COURT OF JUDICATURE AT MADRAS
N.SATHISH KUMAR, M.JOTHIRAMAN, JJ
Vijaya – Appellant
Versus
The District Collector, Thoothukudi District – Respondent
W.P(MD)Nos.10293 & 10299 of 2026|W.M.P(MD)Nos.8094, 8095, 8096, 8099 & 8100 of 2026



Advocates:
For Petitioners: Ms.S.Mamtha
For Respondents: Mr.J.Ashok (R1 to R3), Mr.S.P.Maharajan (R4)

Deviations from approved plans allow revised plan applications for regularisation; authorities must consider on merits before coercive action.

Headnote:Under Section 56(1) of the Tamil Nadu Town and Country Planning Act, 1971, notices were issued alleging unauthorised construction of compound wall and buildings in specified survey numbers. Petitioners claimed submission of revised plan approval application, which authorities denied. Court directed submission and consideration of revised plan application. Issues framed around validity of notices for alleged unauthorised deviations and entitlement to regularisation. Ratio: Persons with deviations from approved plans may apply for revised plan regularisation; authorities must consider on merits. Writ petitions disposed with directions; no coercive action until application disposal.

Table of Content
1. challenge to notices for unauthorised construction despite revised plan claim. (Para 2 , 3)
2. denial of application; entitlement to revised plan regularisation. (Para 4 , 5)
3. direct submission and consideration; no coercive action pending disposal. (Para 6)

2.Challenging the impugned notices issued by the fourth respondent under Section 56(1) of the Tamil Nadu Town and Country Planning Act, 1971, dated 14.03.2026 and 18.03.2026 respectively, in respect of the alleged unauthorised construction of a compound wall and buildings, the petitioners have filed the present Writ Petitions.

3.It is the contention of the learned counsel appearing for the petitioners that though the petitioners had already submitted an application for revised plan approval, the same has not been considered by the authorities concerned, and instead, the impugned notices have been issued.

4.The learned Special Government Pleader appearing for the fourth respondent submitted that no such application for revised plan approval has been submitted by the petitioners.

5.Be that as it may, the very challenge is with regard to the alleged unauthorised construction. If there is any deviation from the approved plan, the persons concerned are entitled to submit an application for revised plan for regularisation.

6.In view of the above, the petitioners are directed to submit an application for revised plan before the fourth respondent within a period of one week from the date of receipt of a copy of this order. On receipt of such application, the fourth respondent is directed to consider the same on its own merits and in accordance with law and pass appropriate orders, and thereafter proceed in accordance with law. Till such application is disposed of, no coercive action shall be taken based on the impugned notices.

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