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2026 Supreme(Online)(Mad) 37403

IN THE HIGH COURT OF JUDICATURE AT MADRAS
N.SATHISH KUMAR, M.JOTHIRAMAN, JJ
B.Balamurugan – Appellant
Versus
Secretary to Government – Respondent
W.P(MD)No.11642 of 2026|W.M.P(MD)No.8868, 8870, 8872 & 8873 of 2026



Advocates:
For Petitioners: Mr.V.R.Shanmuganathan
For R1 & R2: Mr.A.Kannan
For R3 to R5: Mrs.S.Devasena

Court granted time extension for building regularization plan submission due to medical reasons, directing de-sealing pending compliance.

Headnote:**First Paragraph:** Under Article 226 of the Constitution of India, petitioners challenged a notice issued under Tamil Nadu Town and Country Planning Act 1971 leading to sealing of property for unauthorized construction in Survey No.204/1B, Madurai. Prior government order dated 09.12.2025 directed submission of rectification/demolition plan and structural stability report within three months, with enforcement if non-compliant. Court found petitioners delayed due to hospitalization but committed to compliance. **Second Paragraph:** Key issue was whether extension of time for submitting rectification plan should be granted post-missed deadline. Ratio: Court granted limited extension recognizing medical exigency, directing de-sealing pending submission and consideration, with liberty to re-seal on default, emphasizing strict compliance with planning rules like TNCDBR 2019. **Last Paragraph:** Writ petition disposed of with directions to submit plan by 15.05.2026; respondents to decide within one month; de-seal premises till then.

Table of Content
1. challenges notice and sealing of property. (Para 1)
2. appeal filed; govt. directed rectification. (Para 2)
3. delay due to hospitalization; seeks extension. (Para 3)
4. extension granted; de-seal pending compliance. (Para 4)

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

The petitioner has filed the present Writ Petition challenging the impugned notice dated 17.03.2026 and seeking a direction to the respondents to remove the lock and seal from the petitioner’s property. 2. The learned counsel appearing for the petitioners fairly submitted that the petitioner had already preferred an appeal before the Government against the action initiated by the Corporation. In the said appeal, the Government, by order dated 09.12.2025, passed the following directions:

“(i) Petitioners shall obtain demolition approved plan from Madurai Corporation showing the rectification if any proposed to make the construction as per rules in force along with the structural stability report.

(ii) The Madurai Corporation shall approve the demolition plan within 10 days from the date of application.

(iii) The petitioners shall carry out rectification as per the approved demolition plan or obtain revised approval satisfying TNCDBR, 2019 within a period of three months.

(iv) The Madurai Corporation shall pursue further enforcement action as per the provisions of the Tamil Nadu Town and Country Planning Act 1971 if the revision petitioners failed to comply the above direction within the said time.”

3. It is submitted that though time was granted, the petitioners could not submit the plan within the stipulated period due to hospitalization for a serious ailment in Kerala. The learned counsel further submitted that the petitioners would complete all formalities and submit the required application on or before 15.05.2026.

4. In view of the above, this Court is inclined to grant a limited extension of time. Accordingly, the petitioner is permitted to submit the rectification/demolition plan on or before 15.05.2026. Upon receipt of such application, the respondents shall consider the same and pass appropriate orders within a period of one (1) month thereafter. Till such time, the authorities are directed to de-seal the premises. It is made clear that if the petitioners fail to submit the application on or before 15.05.2026, the respondents are at liberty to proceed in accordance with law, including re-

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