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2026 Supreme(Online)(Mad) 34611

IN THE HIGH COURT OF JUDICATURE AT MADRAS
Sushrut Arvind Dharmadhikari, CJ, G.Arul Murugan, J
Appavoo – Appellant
Versus
The Director Town and Country Planning – Respondent
WP No.2904 of 2026



Advocates:
For the Appellants/Petitioners: Mr.K.Myilsamy
For the Respondents:Mr.A.Edwin Prabhakar, State Government Pleader for respondents 1 and 2, Mr.Habeeb Rahman, Government Advocate, for respondent No.3

Court directs authorities to act on unauthorized construction notices within time limit after hearing.

Headnote:The petitioner sought a writ of certiorarified mandamus under Article 226 of the Constitution directing authorities to act against unauthorized commercial construction under Sections 135(1) and 135(2) of the Tamil Nadu Urban Local Bodies Act, 1996, following a representation. The third respondent issued a show-cause notice on 12.02.2026, to which no response was received, followed by an inspection notice on 02.04.2026. The court noted that action was already contemplated. The primary issue was whether authorities had initiated action on the petitioner's representation against illegal construction. The court's reasoning affirmed ongoing proceedings, including notices and proposed inspection, requiring completion with opportunity of hearing. The writ petition was disposed with directions to official respondents to take action in accordance with law within eight weeks; no order as to costs.

This writ petition has been filed under Article 226 of the Constitution of India seeking a Writ of Certiorarified Mandamus directing respondents 2 and 3 to take appropriate legal action against the fourth respondent for removal of illegal/unauthorized construction, by considering the petitioner's representation dated 15.09.2025. 2. The third respondent has filed a status report, and the relevant portion is extracted hereunder:

“3.It is respectfully submitted that based on the representation of the petitioner, a show-cause notice dated 12.02.2026 was issued to the 4th respondent by the 3rd respondent under Sections 135(1) and 135(2) of the Tamil Nadu Urban Local Bodies Act, 1996 , in respect of the subject construction. Upon receipt of the said notice, the

4th respondent failed to submit any response.

4.It is further submitted that in view of the non- response, the third respondent issued a notice dated 02.04.2026 proposing inspection of the subject property on 09.04.2026. It is submitted that upon such inspection, if any deviations or violations are found, appropriate action will be initiated against the fourth respondent in accordance with law.”

Since action has already been contemplated, we dispose of this writ petition with a direction to the official respondents to take action in accordance with law, after giving opportunity of hearing to all concerned, within a period of eight weeks from the date of receipt of a certified copy of this order. There will be no order as to costs.

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