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2026 Supreme(Online)(Mad) 44387

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
N. Sathish Kumar, M. Jothiraman, JJ
Sevuga Perumal – Appellant
Versus
The Principal Secretary to G – Respondent
W.P.(MD)No.12717 of 2026 | W.M.P(MD)No.9581 of 2026



Advocates:
For the Appellants/Petitioners: J. Sankarapandian
For the Respondents: S.P. Maharajan, N. Dilip Kumar

The court will not grant negative relief in a writ petition if a statutory revision is already pending; instead, it will direct the competent authority to dispose of the pending revision within a fixed timeline.

Headnote:(A) Statutory Remedy - Pending Revision - When a revision petition under Section 80-A of the Tamil Nadu Town and Country Planning Act, 1971 is already filed and pending before the competent authority, the court may direct the authority to dispose of the matter within a specified timeframe rather than granting negative relief in a writ petition. (Para 5, 7)

Issues: Whether the petitioner is entitled to a stay on coercive action while a statutory revision petition under Section 80-A of the Tamil Nadu Town and Country Planning Act, 1971 is pending.

Table of Content
1. petitioner seeks protection from coercive action regarding unauthorized construction while a statutory appeal is pending. (Para 1 , 2 , 3 , 4)
2. directing the statutory authority to dispose of the pending revision instead of granting writ relief. (Para 5 , 6 , 7 , 8)

PRAYER:- Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents not to take any coercive steps pertaining to the superstructure comprised in T.S Nos. 2878/1 and 2879/2 situated at Plot No. 26, Ward-19, D.No.6/1, Kattamettu 1st East Street, Thenkarai, Periyakulam Municipality and Taluk, Theni District particularly by way of locking and sealing or de-occupation or demolition of the same forthwith pending disposal of petitioners application dated 10.09.2025 filed under section 80-A of The Tamil Nadu Town and Country Planning Act, 1971 before the 1st Respondent.

ORDER

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

By consent, the main writ petition itself, is taken up for final disposal.

2. Mr.S.P.Maharajan, learned Special Government Pleader takes notice for the respondents 1 to 3 and Mr.N.Dilip Kumar, learned counsel takes notice for the fourth respondent.

3. The grievance of the petitioner is that despite the petitioner filed an appeal under Section 80-A of the Tamil Nadu Town and Country Planning Act, 1971 before the first respondent on 10.09.2025, the respondents are trying to take coercive steps pertaining to the superstructure comprised in T.S Nos.2878/1 and 2879/2 situated at Plot No. 26, Ward-19, D.No.6/1, Kattamettu 1st East Street, Thenkarai, Periyakulam Municipality and Taluk, Theni District.

4. The learned counsel appearing for the fourth respondent, on instructions, submitted that the entire ground floor and the first floor are constructed un-authorisedly and already Form-1 notice followed by Form-II and Form-III notices have been issued.

5. Be that as it may, the petitioner is already filed a revision under Section 80-A of the Tamil Nadu Town and Country Planning Act, 1971 before the first respondent, therefore, the petitioner cannot seek any negative relief before this Court by filing the writ petition.

6. According to the petitioner, he filed a revision petition along with interim application and the same has not been disposed of till date.

7. In view of the above, the first respondent is directed to dispose the revision filed by the petitioner dated 10.09.2025, within a period of two months from the date of receipt of a copy of this order.

The petitioner is at liberty to urge the interim order before the first respondent.

8. Accordingly, the writ petition stands dismissed. No costs. Consequently, connected miscellaneous petition is closed.

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