BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
W.P(MD)No.14325 of 2026
Writ Petition(MD)No.14325 of 2026
and
W.M.P(MD)No.10752 of 2026
1.V.S.Sudalimuthu
2.M.Vallinayaki
3.V.Sivasubramanian
4.S.Raja Rajeswari
.. Petitioners
Vs
1.The Commissioner,
Tirunelveli City Municipal Corporation,
Tirunelveli.
2.The Assistant Commissioner,
Tirunelveli Zone,
Tirunelveli City Muncipal Corporation,
Tirunelveli.
..Respondents
For Petitioner : Mr.S.Kumar
For Respondents : Mr.A.Sivanupandian Standing Counsel
THE HONOURABLE MR.JUSTICE HEMANT CHANDANGOUDAR
DATED: 09.06.2026
Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus directing the respondents to defer the further action upon the proceedings in UAC/TVL/02/2026/004 dated 28.04.2026 till final order to be passed in revision plan dated 30.04.2026 submitted by the petitioners.
ORDER
The petitioner is before this Court seeking a direction to the respondents to defer further action pursuant to the proceedings dated 28.04.2026 until final orders are passed on the petitioner’s application dated 30.04.2026 seeking revision of the building plan.
2.The petitioners state that they purchased the property comprised in T.S. No.120, together with the residential building standing thereon, situated in Ward No.4, Block No.1, Tirunelveli Town, under a registered sale deed dated 13.06.1983.
3.The respondents, upon noticing that the building had been constructed in deviation from the sanctioned building plan, initiated proceedings under the provisions of the Tamil Nadu Town and Country Planning Act, 1971. The proceedings culminated in the issuance of the impugned notice dated 28.04.2026, whereby the petitioner was called upon to remove the unauthorised and deviated portions of the building. Thereafter, the petitioner submitted an application dated 30.04.2026 seeking revision of the building plan. Simultaneously, the petitioner requested the respondents to defer further action pursuant to the proceedings initiated under Section 56 of the Tamil Nadu Town and Country Planning Act, 1971, pending consideration of the said application, in terms of Section 56(3) of the Act.
4.The learned Standing Counsel appearing for the respondents submitted that, under the prevailing regulations, applications for revision of building plans are required to be submitted through the online portal. It was further submitted that, upon submission of such an online application, the petitioner’s request would be considered on its merits and in accordance with law.
5.Recording the aforesaid submission, this Court is of the view that the ends of justice would be met by directing the petitioner to submit an online application seeking revision of the building plan.
6.Accordingly, this writ petition is disposed of with a direction to the petitioner to submit an online application for revision of the building plan within a period of two (2) weeks from the date of receipt of a copy of this order.
7.Upon receipt of such application, the respondents shall consider the same on its own merits and pass appropriate orders in accordance with law within a period of six (6) weeks thereafter.
8.Until such application is considered and orders are passed thereon, the respondents shall not take any coercive action against the petitioner, including demolition of the alleged deviated portions of the building. However, if the petitioner fails to submit the online application within the aforesaid period of two weeks, it shall be open to the respondents to proceed further in accordance with law.
9.There shall be no order as to costs. Consequently, the connected miscellaneous petition is closed.
09.06.2026
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