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2026 Supreme(Online)(Mad) 37950

IN THE HIGH COURT OF JUDICATURE AT MADRAS
Sushrut Arvind Dharmadhikari, CJ, G.Arul Murugan, J
Nusrath Abidha – Appellant
Versus
Commissioner and Secretary to Government – Respondent
W.P.No.13960 of 2026|W.M.P.Nos.15218 and 15221 of 2026



Advocates:
For the Petitioners: Mr.S.Haja Mohideen Gisthi
For the Respondents: Mr.S.Santosh for R2 to R4

Revisional authority must decide stay applications under S.80-A within 3 weeks; no coercive action during interim period.

Headnote:Under Article 226 of the Constitution of India and Section 80-A of the Tamil Nadu Town and Country Planning Act, 1971, petitioners challenged a notice issued by local authorities by filing a statutory appeal seeking stay against coercive actions like demolition. The court referenced its prior order in a similar case (W.P.No.31046 of 2025), noting frequent delays in stay decisions leading to premature enforcement. The court held that revisional authorities must decide stay applications within three weeks, prohibiting coercive steps during this interim period. Key issue: Timely disposal of stay applications under Section 80-A to prevent undue hardship from local body actions. Ratio: Where revision with stay is filed, authority must rule on stay within three weeks; no coercive action permissible for that period, conditional on order compliance; prior precedent applied directly. Writ petition disposed directing revisional authority to decide stay within three weeks, no adjournments allowed, copy of order to be filed within five days, no coercive action for three weeks, no costs.

Table of Content
1. petition seeks direction for timely appeal disposal under s.80-a. (Para 2)
2. similar directions issued: decide stay in 3 weeks, no coercion. (Para 4 , 5)

Heard.

2. This writ petition has been filed by the petitioners under Article 226 of the Constitution of India seeking direction to the first respondent to dispose of the appeal/revision petition filed under Section 80-A of the Tamil Nadu Town and Country Planning Act, 1971 against the notice dated 2.3.2026 issued by respondent Nos.3 and 4.

3. This Court, vide order dated 18.08.2025 in W.P.No.31046 of

2025 (D.Ezhil Maran vs. The Secretary, Housing and Urban Development Dept), had dealt with similar prayer and disposed of the said writ petition with the following observations and directions:

“3. This Court is flooded with similar cases where revision petitions are being filed along with stay applications and due to delay in considering the prayer for stay, proceedings are being drawn for lock and seal of the premises.

4. Where a revision petition is filed along with an application for stay, the revisional authority must decide the application for stay within a period of three weeks from the date of filing of the stay application. Further, we are of the view that, at least for three weeks, till the stay application is decided one way or the other, coercive steps should not be adopted by the local body even without waiting for a decision on the stay application.

5. We direct the revisional authority to decide the application for stay within a period of three weeks from today. The petitioner shall not seek any adjournment on the date fixed by the revisional authority for consideration of the stay application. A copy of this order shall be placed by the petitioner before the revisional authority within five days. Coercive action shall not be taken for a period of three weeks by the Corporation. If the order passed by us today is not placed before the revisional authority within a period of five days from today, the protective umbrella given shall lose its efficacy.”

4. This writ petition stands disposed of on similar lines.

5. We direct the revisional authority to decide the application for stay, if any, within a period of three weeks from today. The petitioners shall not seek any adjournment on the date fixed by the revisional authority for consideration of the stay application. A copy of this order shall be placed by the petitioners before the revisional authority within five days. Coercive action shall not be taken for a period of three weeks by the Corporation. If the order passed by us today is not placed before the revisional authority within a period of five days from today, the protective umbrella given shall lose its efficacy.

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