R. Muniyammal vs State of Tamil Nadu - 2026 Supreme(Online)(Mad) 43629

Headnote Court Copy Facts Arguments Court observation Judicial Analysis Case Map Category Hierarchy Table of Content

2026 Supreme(Online)(Mad) 43629

IN THE HIGH COURT OF JUDICATURE AT MADRAS
G.R. Swaminathan, V. Lakshminarayanan, JJ
R. Muniyammal – Appellant
Versus
State of Tamil Nadu – Respondent
WP No.20694 of 2026

Important Points

The court directed the disposal of a pending revision petition under the Town and Country Planning Act within a time-bound period and granted interim protection against demolition until the outcome of the statutory proceedings.

Subject

Civil Law - Property and Zoning Law

Act Referred

Constitution of India: Art.226
Tamil Nadu Town and Country Planning Act, 1971: S.80-A

Headnote

The petitioner filed a writ petition under Art. 226 of the Constitution of India seeking a writ of mandamus to restrain the respondents from demolishing the subject property while a revision petition remains pending before the first respondent under S. 80-A of the Tamil Nadu Town and Country Planning Act, 1971. The court noted that the petitioner has already put up an unauthorized construction. The core issue is whether the respondents should be restrained from taking coercive action against the alleged unauthorized construction pending the disposal of the statutory revision petition. The ratio decidendi established that when a statutory revision petition is pending before the appropriate authority, it is reasonable to direct the authority to dispose of such revision within a time-bound manner and grant interim protection against coercive action until the disposal of said revision. The court directed the first respondent to dispose of the pending revision petition within four weeks and ordered that no coercive action shall be taken until such disposal.

Advocates:
For the Appellants/Petitioners: S. Kingston Jerold
For the Respondents: Mohd. Fayaz Ali, D.B.R. Prabhu

Table of Content
1. timely disposal of pending statutory revisions ensures due process and prevents premature coercive action. (Para 1 , 2 , 3 , 4)

For Petitioner : Mr.S.Kingston Jerold For Respondents : Mr.Mohd. Fayaz Ali Govt. Counsel for R-1 : Mr.D.B.R.Prabhu Stdg. Counssel for RR 2 to 4 * * * * * ORDER (Order of the Court was made by G.R.Swaminathan, J.)

Heard both sides.

2. The petitioner is alleged to have put up an unauthorised construction on his property at No.5/4, Muthukumarappa Street, Chidharajan Colony, Peravallur, Chennai.

3. It is submitted by learned counsel for the petitioner that a revision petition filed under Section 80-A of the Tamil Nadu Town and Country Planning Act, 1971, is pending before the first respondent and the enquiry is also over and therefore, the first respondent may be directed to dispose of the revision petition within a stipulated time.

4. In view of the said submission, this writ petition is disposed of with a direction to the first respondent to dispose of the pending revision petition filed by the petitioner under Section 80-A of the said Act, within a period of four weeks from the date of receipt of a copy of this order. Till then, no coercive action shall be taken. No costs.